Shreenath Mhaskoba SSK Ltd, Pune V. ACIT, Pune

MA 57/PUN/2021

• Counselvise Citation: [2021] 107 COUNSELVISE.COM (IT) 5704 (ITAT-PUNE)
• Duration Of Justice: 2 year(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 17-09-2021
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 17-09-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH, A PUNE BEFORE SHRI R.S. SYAL, VICE PRESIDENT AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER M.A. NO.57/PUN/2021 (ARISING OUT OF ITA NO.1505/PUN/2012) / ASSESSMENT YEAR : 2007-2008 SHREENATH MHASKOBA SAKHAR KARKHANA LTD., S.NO.162/1+2/2/3, L.P. CLASSIC, PUNE-SOLAPUR ROAD, HADAPSAR, PUNE 411028 PAN : AAHCS3818G VS. ACIT, CIRCLE-6, PUNE (APPLICANT) (RESPONDENT) / ORDER PER R.S. SYAL, VP : THE PRESENT MISCELLANEOUS APPLICATION HAS BEEN MOVED BY THE ASSESSEE URGING TO RECTIFY CERTAIN MISTAKES CREPT IN THE ORDER OF TRIBUNAL IN ITA NO.1505/PUN/2012, DATED 08-05- 2019. 2. THE LD. AR SUBMITTED THAT THE ASSESSEE IS A PRIVATE LIMITED COMPANY AND NOT A COOPERATIVE SOCIETY AS HAS BEEN NOTED IN PARA 3 OF THE IMPUGNED ORDER. IT IS SEEN AS A MATTER OF FACT THAT LINE NO.2 OF PARA 3 RECORDS THAT THE ASSESSEE IS A APPLICANT BY SHRI PRASANNA JOSHI RESPONDENT BY SHRI VITTHAL BHOSALE DATE OF HEARING 17-09-2021 DATE OF PRONOUNCEMENT 17-09-2021 MA NO. 57/PUN/20201 SHREENATH MHASKOBA SAKHAR KARKHANA LTD., 2 COOPERATIVE SOCIETY ENGAGED IN THE BUSINESS OF MANUFACTURE AND SALE OF SUGAR. THE WORDS, A COOPERATIVE SOCIETY ARE HEREBY EXPUNGED FROM THE IMPUGNED ORDER. 3. THE NEXT CONTENTION OF THE LD. AR WAS THAT THE TRIBUNAL IN PARA 4 REFERRED TO MANTRI COMMITTEE ADVICE WHICH WAS NOT APPLICABLE TO THE ASSESSEE. SIMILAR CONTENTION WAS MADE REGARDING THE PRICE DETERMINED/FIXED IN CLAUSE 5A OF THE SUGA R CANE (CONTROL) ORDER 1966 AS REFERRED TO ON THE NEXT PAG E. WE FIND NO INFIRMITY IN THE IMPUGNED ORDER ON THIS SCORE BECA USE THE DISCUSSION ON PAGES 3 AND 4 OF THE IMPUGNED ORDER REFER TO THE OBSERVATIONS/FINDINGS OF THE HONBLE SUPREME COURT IN TH E CASE OF CIT VS. TASGAON TALUKA S.S.K. LTD. (2019) 103 TAXMANN.COM 57 (SC) . IT WAS ONLY WHILE DISCUSSING THE RATIO OF THE JUDGMENT IN TASGAON TALUKA S.S.K. LTD. (SUPRA) THAT THE BENCH REFERRED TO THESE OBSERVATIONS. 4. AFTER CAREFULLY GOING THROUGH THE CONTENTIONS URGED BY THE LD. AR, WE FIND THAT EXCEPT FOR THE ABOVE OBSERVATIONS AND COSMETIC CHANGES THE ULTIMATE CONCLUSION OF THE TRIBUNAL REMAINS THE SAME BY WHICH THE MATTER HAS BEEN SENT BACK TO BE DECIDED IN THE LIGHT OF THE DECISION IN THE CASE OF CIT VS. TASGAON TALUKA S.S.K. LTD. MA NO. 57/PUN/20201 SHREENATH MHASKOBA SAKHAR KARKHANA LTD., 3 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS PARTLY ALLOWED TO THE EXTENT DISCUSSED IN PARA 2 HEREINABOVE. ORDER PRONOUNCED IN THE OPEN COURT ON 17 TH SEPTEMBER, 2021. SD/- SD/- ( S.S.VISWANETHRA RAVI ) (R.S.SYAL) JUDICIAL MEMBER VICE PR ESIDENT PUNE; DATED : 17 TH SEPTEMBER, 2021 / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. ( ) / THE CIT (APPEALS)-III, PUNE 4. THE PR. CIT-II, PUNE 5. , , A / DR A, ITAT, PUNE; 6. / GUARD FILE. // TRUE COPY // / BY ORDER, // TRUE COPY // SENIOR PRIVATE SECRETARY , / ITAT, PUNE MA NO. 57/PUN/20201 SHREENATH MHASKOBA SAKHAR KARKHANA LTD., 4 DATE 1. DRAFT DICTATED ON 17-09-2021 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 17-09-2021 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. *