SHRI CHHATRAPATI SSKLTD,PUNE vs. DCIT CIRCLE-14, PUNE

ITA 1924/PUN/2024Status: DisposedITAT Pune19 May 2025AY 2009-10Bench: SHRI MANISH BORAD (Accountant Member), SHRI VINAY BHAMORE (Judicial Member)1 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal, considering the insertion of Section 155(19) and related CBDT circulars, directed the Assessing Officer to decide the issue of excess sugarcane purchase price afresh after the assessee files an application under Section 154. For the sale of sugar at a concessional rate, the matter was also remanded to the Assessing Officer to decide afresh based on Supreme Court directions, emphasizing the need for the assessee to provide necessary details.

What were the facts?

The assessee, an AOP engaged in sugar manufacturing, filed appeals against orders related to disallowances for excess sugarcane purchase price and sale of sugar at a concessional rate for assessment years 2008-09 and 2009-10. The case involves two main grounds of appeal concerning these disallowances.

What were the issues?

Whether the disallowance on account of excess sugarcane purchase price and sale of sugar at concessional rates is justified, and how recent legislative changes and judicial pronouncements should be applied to these issues.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 254,Section 155(19),Section 154,Section 155

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

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

Before: SHRI MANISH BORAD & SHRI VINAY BHAMORE

For Appellant: Shri Hanmant D. Dhavale
For Respondent: Shri Ramnath P. Murkunde
Hearing: 20.02.2025Pronounced: 19.05.2025

PER VINAY BHAMORE, JM: Both the above captioned appeals filed by the assessee are directed against the separate orders dated 07.08.2024 passed by Ld. CIT(A)/NFAC for the assessment years 2008-09 and 2009-10 respectively.

2.

Since the identical facts and common issues are involved in both the above captioned appeals of the assessee, we proceed to dispose of the same by this common order.

3.

First, we shall take up the appeal of the assessee in ITA No.1923/PUN/2024 for assessment year 2008-09 as a lead case for adjudication. ITA No.1923/PUN/2024, A.Y. 2008-09 :

4.

The appellant has raised the following grounds of appeal :- “1. On the fa

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 155(19)

All 38 judgments and leading authorities on Section 155(19) →

Recent GST High Court judgments

Search GST case law →