Rena Sahakari Sakhar Karkhana Ltd, Latur vs. Pr. Commissioner of Income-Tax -2, Aurangabad
ITA 1249/PUN/2018[2013-14]Status: DisposedITAT Pune07 Jan 2022AY 2013-14
Bench: Shri Inturi Rama Rao, Am & Shri Ravish Sood, Jm Assessment Year :2013-14 Rena Sahakari Sakhar Karkhana Ltd., A/P Niwada, Tq. Renapur, Dist. Latur. ……….Appellant Pan No. Aaaar1864N V/S. Pr. Commissioner Of Income-Tax 2, Aurangabad ……… Respondent Assessee By : Shri Girish Ladda, A.R Department By : Shri Kalika Singh, D.R Date Of Hearing : 06-01-2022 Date Of Pronouncement : 07-01-2022 Order Per Ravish Sood, Jm The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Pr. Commissioner Of Income Tax-2, Aurangabad, Dated 27.03.2018 Under Sec.263 Of The Income Tax Act, 1961 (For Short „Act‟), Which In Turn Arises From The Order Passed By The A.O U/S 143(3) Of The Act, Dated 07/03/2016. The Assessee Has Assailed The Impugned Order On The Following Grounds Of Appeal Before Us: “1. The Notice Issued U/S 263 By The Principal Commissioner Of Income-Tax-2, Aurangabad & The Order Passed U/S 263 Are Illegal, Bad In Law & Without Jurisdiction. 2. That Having Regard To The Facts & Circumstances Of The Case, Pr. Cit Has Erred In Law & On Facts In Assuming Jurisdiction In Passing The Order U/S 263, More So When The Assessment Order Passed U/S 143(3) Is Neither Erroneous Nor Prejudicial To The Interest Of Revenue. 3. The Pr. Cit-2 Erred In Holding That Assessee Not Eligible For Deduction Of Rs. 75,38,534 U/S 80P(2)(D) Of The Income-Tax Act & Further Erred In Setting Aside The Issue To The A.O.
For Appellant: Shri Girish Ladda, A.RFor Respondent: Shri Kalika Singh, D.R
Section 143(3)Section 263Section 80P(2)(d)
…laim of deduction under Sec.80P(2)(d) of the Act. Backed by the aforesaid conflicting judicial pronouncements, we may herein observe, that as held by the Hon'ble High Court of Bombay in the case of K. Subramanian and Anr. Vs. Siemens India Ltd. and Anr (1985) 156 ITR 11 (Bom), where there is a conflict between the decisions of non-jurisdictional High Court‟s, then a view which is in favour of the assessee is to be preferred as against that taken against him. Accordingly, taking support from the aforesaid judicial pronouncement of M/s Rena Sahakari Sakhar Karkhana Ltd. Vs. Pr. CIT-2, Aurangabad ITA No. 1249/Pun/20…
