Loknete Balasaheb Desai Sahakari Sakhar Karkhana Ltd, Satara V. Deputy Commissioner of Income-tax, Satara Circle, Satara

MA 223/PUN/2022

AI Insights

Loknete Balasaheb Desai SSK Ltd. filed three Miscellaneous Applications (M.A. Nos. 221 to 223/PUN/2022) against the order of the Income Tax Appellate Tribunal which had restored the issue of 'Excessive sugar cane price' to the Assessing Officer for re-evaluation in line with the Supreme Court's judgment in CIT Vs. Tasgaon Taluka S.S.K. Ltd. The assessee contended that the Supreme Court did not consider certain grounds raised in their appeals. However, the Tribunal found this argument to be without merit, stating that the Supreme Court's decision is final and binding on all lower courts and authorities, and no rectification was warranted.

• Counselvise Citation: [2023] 140 COUNSELVISE.COM (IT) 137804 (ITAT-PUNE)
• Duration Of Justice: 7 month(s) 21 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 02-02-2023
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 02-02-2023
• Assessment Year: 2013-2014
• Appeal Filed On: 12-06-2022
• Other Referred Cases: CIT Vs. Tasgaon Taluka S.S.K. Ltd. (2019) 103 taxmann.com 57 (SC)
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, ‘B’ PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI PARTHA SARATHI CHAUDHURY, JUDICIAL MEMBER Sl. No. M.A.No./ITA No./C.O. No. Name of Assessee Name of Respondent A.Yrs. 1-3 M.A. Nos.221 to 223 /PUN/2022 in ITA Nos.633 to 635/PUN/2018 Loknete Balasaheb Desai SSK Ltd., Daulatnagar, Marali, Tal. Patan, Dist. Satara PAN : AAAAB0362K DCIT, Satara Circle, Satara 2011-12 2012-13 2013-14 आदेश / ORDER PER PARTHA SARATHI CHAUDHURY : These three Miscellaneous Applications have been moved by the assessee against the order dated 20-04-2022 passed by the Tribunal u/s.254(1) of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) in relation to the assessment years captioned above. Since a common issue is raised in these Miscellaneous Applications, we are, therefore, proceeding to dispose them off by this common order for the sake of convenience. 2. The ld. AR submitted that the Tribunal fell in error in deciding the issue of `Excessive sugar cane price’ restoring the matter to the Assessee by: Shri Prasanna Joshi Revenue by: Shri M.G. Jasnani Date of hearing 03-02-2023 Date of pronouncement 03-02-2023 M.A.Nos.221 to 223/PUN/2022 2 file of Assessing Officer (AO) to be decided in consonance with the judgment of Hon’ble Supreme Court in CIT Vs. Tasgaon Taluka S.S.K. Ltd. (2019) 103 taxmann.com 57 (SC). The point taken up by the assessee in these M.As. is that the Hon’ble Supreme Court, while deciding the issue, did not take into consideration the subject matter of the grounds raised by the assessee in its appeals. The ld. DR strongly opposed the assessee’s contention. 3. Having heard both the sides and gone through the relevant material on record, it is seen that the issue of `Excessive sugar cane price’ in the batch of appeals disposed of vide impugned order has been determined in terms of the judgment delivered by the Supreme Court in Tasgaon Taluka S.S.K. Ltd. (supra). The contention of the ld. AR that the Hon’ble Supreme Court did not consider certain contentions before deciding the issue in the way it has been decided and hence, the rectification should be carried out, in our considered opinion, is farfetched and devoid of merit. Once a particular issue has been decided by the Hon’ble Supreme Court in a particular manner, no one can be allowed to argue that the Hon’ble Supreme Court did not determine the issue correctly. Article 141 of the Constitution of India makes the judgment of the Hon’ble Supreme Court binding on all courts in the territory of India leaving no scope M.A.Nos.221 to 223/PUN/2022 3 for anyone pointing out some mistake in any judicial proceedings. As the Bench passed the order u/s 254(1) of the Act in accordance with the law declared by the Hon’ble Supreme Court, we hold that no mistake, much less a mistake apparent from record, can be traced in it requiring rectification. 4. No other issue raised in the M.As was pressed by the ld. AR. Such grounds are accordingly dismissed. 5. In the result, all the Miscellaneous Applications are dismissed. Order pronounced in the Open Court on 03 rd February, 2023. Sd/- Sd/- ( R.S.SYAL) (PARTHA SARATHI CHAUDHURY) VICE PRESIDENT JUDICIAL MEMBER पुणे Pune; िदनांक Dated : 03 rd February, 2023 सतीश M.A.Nos.221 to 223/PUN/2022 4 आदेश की ितिलिप अ ेिषत/Copy of the Order is forwarded to : 1. अपीलाथ / The Appellant; 2. थ / The Respondent 3. The CIT(A) concerned 4. 5. The Pr. CIT concerned DR, ITAT, ‘B’ Bench, Pune 6. गाड फाईल / Guard file. आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अिधकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 03-02-2023 Sr.PS 2. Draft placed before author 03-02-2023 Sr.PS 3. Draft proposed & placed before the second member JM 4. Draft discussed/approved by Second Member. JM 5. Approved Draft comes to the Sr.PS/PS Sr.PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *