DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE -1, KOLHAPUR, KOLHAPUR vs. VASANTRAO DESAI AJARA SHETKARI SAHAKARI SAKHAR KARKHANA LIMITED, AJARA

ITA 2273/PUN/2025Status: DisposedITAT Pune25 September 2026AY 2016-175 pages
AI SummaryPartly Allowed

What were the facts?

The Revenue appealed against the CIT(A)'s deletion of an addition related to sugarcane purchase price. The assessee appealed against the AO's disallowance of set-off for unabsorbed losses/depreciation. The CIT(A) had admitted additional evidence regarding the sugarcane price without giving the AO an opportunity.

What did the Tribunal hold?

The Tribunal set aside the sugarcane purchase price issue to the AO for de-novo adjudication, considering amendments and circulars, and directed the AO to allow the set-off of carry forward losses. Both appeals were allowed for statistical purposes.

What were the issues?

Whether the CIT(A) erred in admitting additional evidence regarding sugarcane purchase price without affording the AO an opportunity, and whether the assessee is eligible for set-off of unabsorbed losses against positive income.

Which sections of the Income-tax Act were involved?

Section 36(1)(xvii),Section 155(19),Section 80,Section 139(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: MS. ASTHA CHANDRA & SHRI Dr. DIPAK P. RIPOTE

For Appellant: Shri Pramod Shingte
For Respondent: Ms. Bhavya. I.V., Jt. CIT

PER Dr. DIPAK P. RIPOTE, A.M : These two appeals are filed by the Revenue and Assessee against the order of the Learned Commissioner of Income Tax (Appeals), NFAC, Delhi [Ld.CIT(A)], passed u/s. 250 of the Income Tax Act, 1961 (‘the Act’) for AY 2016-17 on 21.07.2025. 2. Since, issue involved is same, for the sake of convenience these two appeals were heard together and are disposed of by this common order.

3.

First, we shall take up the appeal of t

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 36(1)(xvii)

All 30 judgments and leading authorities on Section 36(1)(xvii) →

Recent GST High Court judgments

Search GST case law →