SHRI DUDHAGANGA VEDGANGA SAHAKARI SAKHAR KARKHANA LTD BIDRI,KOLHAPUR vs. ACIT , KOLHAPUR

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ITA 1597/PUN/2024Status: DisposedITAT Pune17 October 2024AY 2010-11Bench: MS. ASTHA CHANDRA, JUDICIAL MEMBER AND SHREE G.D. PADMAHSHALI (Accountant Member)2 pages
AI SummaryDismissed

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Whether the appeals should be dismissed as withdrawn when the additions have been deleted by the Assessing Officer through a rectification order.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

For Respondent: Shri Ajay Kumar Kesari
1.

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.

2.

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.”

3.

The Ld. DR submitted that the Department has no objection in case the assessee wishes to withdraw all the three appeals.

4.

In view of the above request of the assessee, all the three appeals are hereby dismissed as withdrawn.

5.

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.

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