Shree Shankar SSK Ltd., Solapur V. Assistant Commissioner of Income-tax, Solapur

MA 132/PUN/2022

AI Insights

This case involves Shree Shankar SSK Ltd., which filed a Miscellaneous Application in relation to an earlier Income Tax Appeal (ITA No. 472/PUN/2014) concerning the Assessment Year 2010-11. The appeal was initially set aside by the Tribunal and remanded back to the Assessing Officer (A.O.) for re-evaluation, particularly focusing on the issue of excess cane price, as per a Supreme Court decision. The applicant decided to withdraw the Miscellaneous Application, anticipating that the issues could be addressed during the re-assessment by the A.O.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 124346 (ITAT-undefined)
• Duration Of Justice: 3 year(s) 1 month(s) 7 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 06-02-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Pune
• Next Hearing Date: 02-02-2023
• Assessment Year: 2010-2011
• Appeal Filed On: 30-12-2019
• Other Referred Cases: Tasgaon TSSK Ltd vs. 103 txmann.com 57
• Laws Referred To: Income Tax Act
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ‘A’ BENCH, PUNE BEFORE SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER AND DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER M.A. No. 132/PUN/2022 Arising out of ITA No. 472/PUN/2014 : A.Y. 2010-11 Shree Shankar SSK Ltd., Sadashivnagar, Tal. Malshiras, Solapur PAN: AAAAS3735M Applicant Vs. The Asstt. CIT Solapur Respondent Applicant by : Shri Pratik Sandbhor Respondent by : Shri Ramnath P. Murkunde Date of Hearing : 03-02-2023 Date of Pronouncement : 07-02-2023 ORDER PER SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER This Misc. application preferred by the assessee emanates from order of the Tribunal in I. T.A. No. 472//PUN/2014 for A.Y. 20010-11, order dated 13-06-2019. 2. At the time of hearing, the ld. counsel for the assessee filed an application on behalf of the assessee, stating as under: “M.A. No. 132/PUN/2022 : Sub: Application for withdrawal of Misc. application The above Misc. application is fixed for hearing today i.e. on 03-02-2023 before the ‘ A’ Bench. The appeal of the appellant in ITA No. 472/PUN/2014 for A.Y. 2010-11 has been set aside to the file of the A.O as per the decision of hon’ble Supreme court in the case of Tasgaon TSSK Ltd – 103 txmann.com 57 for fresh consideration of the issue of excess cane price. Since the issues raised in the above M.A. can be raised again before the A.O the applicant is desirous of withdrawing the present MA filed before the Hon’ble Bench In the light of the above circumstances, it is prayed before the Hon’ble Bench to kindly allow the applicant to withdraw the above Misc. application. Sd/- C.A. Pratik Sandhor For the appellant” 2 M.A. No. 132/PUN/2022 Shree Shankar SSK Ltd. A.Y. 2010-11 3. The ld. D.R did not raise any objection for the withdrawal of the Misc. application by the assessee. 4. In view of the above, permission to withdraw the aforesaid Misc. application is hereby accorded. 5. In the result, the Misc. application of the assessee is dismissed as withdrawn. Order is pronounced in the open court on this 07 th day of Feb. 2023. Sd/- sd/- (DR. DIPAK P. RIPOTE) (PARTHA SARATHI CHAUDHURY) ACCOUNTANT MEMBER JUDICIAL MEMBER Pune; Dated, the 07 th day of February 2023. Ankam Copy of the Order forwarded to : 1. The Appellant. 2. The Respondent. 3. The CIT(A)-1, Pune 4. The CIT-1 Pune 5. D.R. ITAT ‘B’ Bench 5. Guard File BY ORDER, Sr. Private Secretary ITAT, Pune. /// TRUE COPY /// 3 M.A. No. 132/PUN/2022 Shree Shankar SSK Ltd. A.Y. 2010-11 Date 1 Draft dictated on 03-02-2023 Sr.PS 2 Draft placed before author 06-02-2023 Sr.PS 3 Draft proposed and placed before the second Member JM/AM 4 Draft discussed/approved by second Member AM/JM 5 Approved draft comes to the Sr. PS/PS Sr.PS/PS 6 Kept for pronouncement on 07-02-2023 Sr.PS/PS 7 Date of uploading of order 07-02-2023 Sr.PS/PS 8 File sent to Bench Clerk 07-02-2023 Sr.PS/PS 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R 11 Date of dispatch of order