SHRI DUDHAGANGA VEDGANGA SAHAKARI SAKHAR KARKHANA LTD BIDRI,KOLHAPUR vs. ACIT , KOLHAPUR
What did the Tribunal hold?
The Assessing Officer passed an order under Section 154 read with Section 155(19) of the Income Tax Act, deleting the additions. Consequently, the assessee no longer had any grievance.
What were the facts?
The assessee filed three appeals against orders confirming additions made on account of cane price paid over FRP. Subsequently, the assessee filed applications to withdraw these appeals.
What were the issues?
Whether the appeals should be dismissed as withdrawn when the additions have been deleted by the Assessing Officer through a rectification order.
Which sections of the Income-tax Act were involved?
Section 154,Section 155(19),Section 36(1)(xvi)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, PUNE
Before: MS. ASTHA CHANDRA & SHREE G.D. PADMAHSHALI
The three appeals filed by the assessee are directed against the three separate order(s) of the Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi dated 16.07.2024, 28.06.2024 and 28.06.2024 pertaining to Assessment Years (“AYs”) 2010-11, 2011-12 and 2012-13 respectively.
The Ld. AR has filed three separate applications dated 15.10.2024 to withdraw these three appeals. All the three applications stating the common reason for withdrawal (except the variance in amount in respect of each AY) reads as under : “1. That the appellant had filed the above-mentioned appeal before this Hon'ble Tribunal against the order of the Commissioner of Income Tax (Appeals) dated 07.09.2021 wherein addition of Rs.68,40,97,045/- on account of cane price paid over FRP has been confirmed by him. 2. That the appellant had filed an application for rectification with the Assessing Officers 154 155(19) of the Income Tax Act, in view of the amendment to section 36(1)(xvi) of the Act and CBDT Circular No. 14 dated 27.07.2023 in respect of the additions made on account of excess cane price paid over FRP to cane growers.
3. That the Assessing officer has now passed an order u/s 154 155(19) r.w.s wherein Assessing Officer has deleted the additions of Rs.68,40,97,045/- and given relief to the Appellant. Therefore, the appellant has now in view of the order passed u/s 154 r.w.s 155(19) of the Act, no grievance before the Hon’ble IΤΑT.
4. That the appellant now therefore does not wish to press the grounds of appeal and wishes to withdraw the said appeal.”
The Ld. DR submitted that the Department has no objection in case the assessee wishes to withdraw all the three appeals.
In view of the above request of the assessee, all the three appeals are hereby dismissed as withdrawn.
In the result, all the three appeals of the assessee in 1598 & 1599/PUN/2024 are dismissed as withdrawn.
Order pronounced in the open court on 17th October, 2024.
More judgments on Section 154
- Income Tax Officer, Jaipur vs Rakesh Kumar Malani, JaipurITA 1425/JPR/2026[2025-26]Status: Disposed21 Oct 2026AY 2025-26
- Income Tax Officer, Jaipur vs Anita Sharma, JaipurITA 1344/JPR/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Ramtirath Bawa, Nagpur vs ITO Ward3(4), NagpurITA 327/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Mohinder Singh, Nagpur vs ITO Ward 3(4), NagpurITA 322/NAG/2026[2015-16]Status: Disposed16 Oct 2026AY 2015-16
- Ramakrishna Reddy Makireddy, Hyderabad vs ACIT, Circle-5(1), HyderabadITA 70/HYD/2026[2007-08]Status: Disposed16 Oct 2026AY 2007-08
Recent GST High Court judgments
Search GST case law →- Dr.Sunil Kumar Padhi vs. The Chief Commissioner, GST And Central Excise, BhubaneswarOrissa · 14 Oct 2026
- N.K Fashion Through It Proprietor Mr. Narender Agarwal vs. Assistant Commissioner Of Central Goods And Service Tax, Delhi EastDelhi · 14 Oct 2026
- J M Mhatre Infra PVT. LTD Thr. Authorized Chetanj Mhatre vs. Union Of INDIA Thr. Secretary And OrsBombay · 14 Oct 2026
- J M Mhatre Infra PVT. LTD Thr. Authorized Chetan J. Mhatre vs. Union Of INDIA Thr. Secretary And OrsBombay · 14 Oct 2026
- Namita Behera vs. Commissioner Of CT And GST, CuttackOrissa · 14 Oct 2026