Shri Chhatrapati Shahu Sahakari Sakhar karkhana Ltd, Kolhapur V. ACIT, Kolhapur

MA 120/PUN/2022

AI Insights

The case involves Shri Chhatrapati Shahu Sahakari Sakhar Kharkhana Ltd., which filed twin miscellaneous applications M.A.Nos.119 & 120/PUN./2022 under section 254(2) of the Income Tax Act, 1961, seeking recall/rectification of a previous order dated 14.03.2019. This order had restored the issue of alleged excess cane prices paid to sugarcane growers back to the Assessing Officer for fresh adjudication. The assessee argued that the issue is no longer res integra due to recent statutory amendments and CBDT circulars. The Tribunal decided to allow the assessee to present all relevant pleas to the Assessing Officer.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137888 (ITAT-PUNE)
• Duration Of Justice: 3 year(s) 2 month(s) 18 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 16-02-2023
• Appeal Filed By: Assessee
• Order Result: DismissedDismissed
• Bench Allotted: B
• Next Hearing Date: 16-02-2023
• Assessment Year: 2008-2009
• Appeal Filed On: 28-11-2019
• Other Referred Cases: CIT vs. Tasgaon Taluka S.S.K. Ltd. and others [2019] 103 taxmann.com 57 (SC)
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 254(2)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHES “A” : PUNE BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI G.D. PADMASHALI, ACCOUNTANT MEMBER M.A.Nos.119 & 120/PUN./2022 Arising out of ITA.Nos.1114 & 1115/PUN./2012 Assessment Years 2007-2008 & 2008-2009 Shri Chhatrapati Shahu Sahakari Sakhar Kharkhana Ltd., Shrimat Jaysingrao Ghatage Bhavan, Mal Bungalow, Tal. Tal. Kagal, Dist. Kolhapur. PAN: AAAAS1032M vs. The ACIT, Circle-1, KOLHAPUR. (Applicant) (Respondent) For Assessees : Shri Prasanna Joshi For Revenue : Shri M.G. Jasnani Date of Hearing : 17.02.2023 Date of Pronouncement : 17.02.2023 ORDER PER SATBEER SINGH GODARA, J.M. These assessee’s instant twin miscellaneous applications M.A.Nos.119 &120/PUN./2022 filed in their corresponding main appeals ITA.Nos.1114 & 1115/PUN./2012 for assessment years 2007-2008 and 2008-2009 respectively, u/s. 254(2) of the of the Income Tax Act, 1961 (in short "the Act") seeks to recall/rectify our common order dated 14.03.2019 restoring the sole issue of the alleged excess cane prices paid to sugarcane growers, back to the Assessing Officer for his afresh appropriate adjudication. Heard both the parties. Case files perused. 2 M.A.Nos.119 & 120/PUN./2022 2. Learned counsel submits during the course of hearing that the assessee’s identical sole substantive grievance raised in the instant miscellaneous applications seeking allowability of excess cane price paid to growers is no more res integra not only in light of the statutory amendment in sec.36(1)(xvii) of the Act but also the CBDT’s circular no.18 dated 25.10.2021. He, therefore, seeks to recall/rectify our foregoing order in very terms. 3. We have considered the entire issue at length. There is hardly any dispute that our impugned order dated 14.03.2019 had restored the foregoing issue back to the Assessing Officer to decide in light of CIT vs. Tasgaon Taluka S.S.K. Ltd. and others [2019] 103 taxmann.com 57 (SC). That being the case, we leave it open for the assessee to raise all the corresponding pleas herein before the Assessing Officer in very terms. 4. These assessee’s miscellaneous applications are disposed off in above terms. A copy of this common order be placed in the respective case files. Order pronounced in the open Court on 17 th February, 2023. Sd/- Sd/- (GD PADMASHALI) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Pune, Dated 17 th February, 2023 VBP/- 3 M.A.Nos.119 & 120/PUN./2022 Copy of the Order forwarded to : 1. The appellant 2. The respondent 3. Ld. CIT(A) 4. Ld. Pr. CIT 5. DR ITAT Pune-A Bench, Pune 6. Guard File. //BY Order// Assistant Registrar, ITAT, Pune Benches, Pune.