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Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE
Before: SHRI S.S. GODARA & DR. DIPAK P. RIPOTE
Assessee by Shri Hanumant Dhavale Revenue by Shri Saradar Singh Meena Date of hearing 14-07-2022 Date of pronouncement 28-07-2022 आदेश / ORDER PER S.S. GODARA, JM :
These assessee‟s four appeals for assessment years 2011-12 to 2014-15 arise against the CIT(A)-7, Pune‟s separate orders; all dated 07-12-2018 passed in case Nos.PN/CIT(A)- 7/Wd.14(4)/10437/2015-16, PN/CIT(A)-7/Wd.14(4)/10439/2015- 16, PN/CIT(A)-7/HQ.6(2)/10674/2016-17 and PN/CIT(A)- 7/Wd.14(4)/10662/2016-17 respectively, in proceedings under Section 143(3) r.w.s. 147 and 143(3) of the Income Tax Act, 1961, in short „the Act‟. Heard both the parties. Case files perused.
The assessee pleads the following substantive grounds in its “lead” appeal
On the fact and in the circumstances of the case and in law of the learned Commissioner of Income Tax (Appeals)-7, Pune has erred in disallowing and adding back an amount of Rs.14,03,46,129/- on account of Excess Cane Price paid to members & non members.
2. On the fact and in the circumstances of the case and in law of the learned Commissioner of Income Tax (Appeals)-9, Pune has erred in enhance disallowing and adding back an amount of Rs.51,84,26,454/- on account of Excess Cane Price paid to members & non members. 3. On the fact and in the circumstances of the case and in law of the learned Commissioner of Income Tax (Appeals)-9, Pune has erred in disallowing and adding back an amount of Rs.1,42,43,380/- on account of Sale of sugar at concessional rate.
Mr. Jasanani vehemently supported the learned lower authorities action on both counts i.e. assessee‟s payment of excess cane price and sale of sugar at concessional rate (both to members) disallowed in both the lower proceedings. He fails to dispute that the former twin issues of excess cane price payment as well as sugar at concessional rate are no more res integra as the tribunal‟s various co-ordinate benches, and more particularly in The Malegaon Sahakari Sakhar Karkhana Limited vs. ITO‟s order dated 21.40.2021 has set aside the concerned assessee‟s substantive grounds back to the assessing authority for its afresh appropriate adjudication as per law. Ordered accordingly.
Same order to follow in assessee‟s latter three appeals to 316/PUN/2019 raising the very twin issues. Ordered accordingly.
These assessee‟s four appeals are allowed for statistical purposes in above terms. A copy of this common order be placed in the respective case files.