SHREE BHOGAWATI SAHAKARI SAKHAR KARKHANA LTD,KOLHAPUR vs. ACIT, CIRCLE-1, KOLHAPUR
What did the Tribunal hold?
The Tribunal set aside the ex-parte order of the CIT(A) and remanded the matter back for fresh adjudication, directing the CIT(A) to provide the assessee with a reasonable opportunity of hearing. The grounds relating to merit were rendered infructuous.
What were the facts?
The assessee, a cooperative society engaged in sugarcane and sugar business, faced additions on account of excess sugarcane price paid and sale of sugar at concessional rates. The CIT(A) passed an ex-parte order confirming these additions as the assessee failed to appear due to notices being sent to an old email ID.
What were the issues?
Whether the CIT(A) erred in passing an ex-parte order without considering the merits of the case, and if the matter should be remanded for fresh adjudication due to non-receipt of hearing notices.
Which sections of the Income-tax Act were involved?
Section 250,Section 36(1)(xvii),Section 143(3),Section 254,Section 143(1),Section 155(19)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI MANISH BORAD & SHRI VINAY BHAMORE
PER BENCH : These appeals filed by the assessee are directed against the separate orders dated 26.06.2024 passed by Ld. CIT(A)/NFAC for the assessment years 2010-11 to 2014-15 respectively.
There is delay in filing of the present appeals. We are satisfied with the reasons mentioned in the application for condonation of delay duly supported by an affidavit that the appeals within the prescribed time limit. After hearing Ld. DR, we condone the delay and proceed to adjudicate the appeals.
Since identical facts and common issues are involved in all the above captioned five appeals of the assessee, therefore,
The order continues below.
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More judgments on Section 36(1)(xvii)
- Vasantrao Desai Ajara Shetkari Sahakari… vs DCIT, Circle-1, KolhapurITA 2288/PUN/2026[2016-17]Status: Disposed25 Sept 2026AY 2016-17
- Deputy Commissioner of Income Tax, Circle… vs Vasantrao Desai Ajara Shetkari Sahakari…ITA 2273/PUN/2025[2016-17]Status: Disposed25 Sept 2026AY 2016-17
- Shree Bhogawati Sahakari Sakhar Karkhana… vs ACIT, Circle-1, KolhapurITA 2197/PUN/2024[2013-14]Status: Disposed15 Dec 2025AY 2013-14
- Shree Bhogawati Sahakari Sakhar Karkhana… vs ACIT, Circle-1, KolhapurITA 2196/PUN/2024[2012-13]Status: Disposed15 Dec 2025AY 2012-13
- Shree Bhogawati Sahakari Sakhar Karkhana… vs ACIT, Circle-1, KolhapurITA 2195/PUN/2024[2011-12]Status: Disposed15 Dec 2025AY 2011-12
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