Satpuda Tapi Parisar Sahakari Sakhar Karkhana Ltd., Nandurbar V. Jr. CIT, Spl. Range-I, Nashik

MA 111/PUN/2022

AI Insights

The case involves Satpuda Tapi Parisar Sahakari Sakhar Kharkhana Ltd., which filed a miscellaneous application under section 254(2) of the Income Tax Act, 1961, seeking to recall or rectify a tribunal order that dismissed its main appeal regarding disallowances out of cane purchases. The tribunal's earlier decision was challenged in light of new legislative provisions and a CBDT circular that potentially allowed for the rectification of such disallowances. However, the assessee decided to withdraw the application, citing the new provisions that would enable them to address the issue directly with the Assessing Officer.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137051 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 7 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 23-07-2023
• Appeal Filed By: Assessee
• Order Result: DismissedDismissed
• Bench Allotted: A
• Next Hearing Date: 20-07-2023
• Assessment Year: 1996-1997
• Appeal Filed On: 28-11-2019
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “A” : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI GD PADMAHSHALI, ACCOUNTANT MEMBER M.A.No.111/PUN./2022 Arising out of I.T.A.No.1983/PUN./2012 - Assessment Year 1996-1997 Satpuda Tapi Parisar Sahakari Sakhar Kharkhana Ltd., PO. Purushottamnagar, Tal. Shahada, Dist. Nandurbar. PA/GIR No.40-003-AX-1761 vs. The ACIT, Circle-3 (1), Dhule. (Applicant) (Respondent) For Assessee : Smt. Shubhada Koppa For Revenue : Shri Ramnath P. Murkunde Date of Hearing : 21.07.2023 Date of Pronouncement : 24.07.2023 ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s miscellaneous application M.A.No. 111/PUN./2022 filed u/s.254(2) of the Income Tax Act, 1961 (in short "the Act") seeks to recall/rectify the tribunal’s order dated 01.08.2018 dismissing it’s main appeal ITA.No.1983/PUN./2012. 2. Learned counsel submits at the outset that the assessee herein wishes to withdraw it’s instant miscellaneous application in the following terms : 2 M.A.No.111/PUN./2022 “The above Miscellaneous Applications deal with the issue of disallowance out of cane purchases by respective co-op sugar mill. Pursuant to filing the said MAs, the Finance Bill 2023 introduced sub-section (19) in section 155 which read with CBDT's Circular No. 18 dated 25-10-2021 would enable the said co-op sugar mills to file applications to their respective Assessing Officer along with the Govt, approved orders to get the said disallowances deleted to the extent of cane price so approved. As such the matter would stand covered by the aforesaid legislation and as such no purpose is served by prolonging litigation. We therefore seek to withdraw the MAs with leave to produce the respective documents before the respective Ld. AO. We also pray leave to make such submissions on facts as are germane to the issue already set aside by the Hon'ble Tribunal to file of the AO.” 3. This assessee’s miscellaneous application is dismissed as withdrawn in above terms. Order pronounced in the open Court on 24.07.2023. Sd/- Sd/- [GD PADMAHSHALI] [SATBEER SINGH GODARA] ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 24 th July, 2023 VBP/- 3 M.A.No.111/PUN./2022 Copy to 1. The applicant 2. The respondent 3. The CIT(A)-V, Pune 4. The CIT, Nashik 5. D.R. ITAT, Pune “A” Bench, Pune 6. Guard File. //By Order// Assistant Registrar, ITAT, Pune Benches, Pune.