SHRI. CHHATRAPATI SAHAKARI SAKHAR KARKHANA LIMITED,PUNE vs. INCOME-TAX OFFICER, WARD 6(1), PUNE

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ITA 221/PUN/2020Status: DisposedITAT Pune10 October 2022AY 2010-115 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal noted that similar issues regarding excess cane price and concessional sugar sales had been restored to the Assessing Officer by a coordinate bench. Following this precedent, the Tribunal also restored the issue of cane development expenditure to the Assessing Officer for fresh adjudication.

What were the facts?

The assessee appealed against the disallowance of excess cane price paid to members and non-members, sale of sugar at concessional rates, and cane development expenditure. The Assessing Officer had made these disallowances.

What were the issues?

Whether excess cane price paid and sale of sugar at concessional rates to members/non-members are allowable business expenditures. Whether cane development expenditure is wholly and exclusively for business purposes.

Which sections of the Income-tax Act were involved?

Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, PUNE

Before: SHRI S.S.GODARA, JM & SHRI G.D. PADMAHSHALI, AM

For Appellant: Shri Hanmant Dhavle
For Respondent: Shri Sardar Singh Meena
Hearing: 03.10.2022Pronounced: 10.10.2022

आदेश की प्रधतधलधप अग्रेधषत / Copy of the Order forwarded to : अपीलाथी / The Appellant. 1. प्रत्यथी / The Respondent. 2. 3. The CIT(A)-8 Pune. 4. The Pr.CIT-3, Pune. धवभागीय प्रधतधनधध, आयकर अपीलीय अधधकरण, “बी” बेंच, 5. पुणे / DR, ITAT, “B” Bench, Pune. गार्ा फ़ाइल / Guard File. आदेशानुसार / BY ORDER, 6. // True Copy // Senior Private Secretary आयकर अपीलीय अधधकरण, पुणे / ITAT, Pune.

Shree Chhatrapati SSK Ltd.,

S.No. Details Date Initials 1 Draft dictated on 04.10.2022 2 Draft placed before author 06.10.2022 Draft proposed & placed before the Second 3 Member 4 Draft discussed/approved by Second Member 5 Approved Draft comes to the Sr. PS/PS 6 Kept for pronouncement on 7 Date of uploading of Order 8 File sent to Bench Clerk 9 Date on which the file goes to the Head Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order

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