2022 (8) TMI 1273

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...., in short "the Act' Heard both the parties. Case files perused. 2. We notice at the outset that both these assessee's appeals suffer from 515 and 71 days delay, respectively in filing stated to be attributable to unavoidable circumstances and various procedural aspects at the assessee's end. Hon'ble apex court's landmark decision in Collector, Land Acquisition vs. MST Katiji & Ors. (1987) 167 ITR 471 (SC) has settled the law long back that the cause of substantial justice must prevail over all technical aspects. We therefore reject the Revenue's vehement contentions and condone the impugned delay of 515 days for assessment year 2013-14 and 71 days for assessment year 2015-16, respectively in filing appeals as neither intentional nor ....

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....n the facts and in the circumstances of the case and in law and without prejudice to ground No 1 above and since the verdict of the larger Bench of the Hon'ble Supreme Court is yet to be pronounced then the Hon'ble Jurisdictional High Court judgment in the case of Tasgaon Taluka SSK Ltd. (Supra) remains as a binding precedent till it is set aside by the higher judicial forum i.e. Supreme Court or the law is changed with the retrospective effect. The Ld. CIT(A) ought to have considered this enunciation of law. 5) On the facts and in the circumstances of the case and in law the Ld. CIT(A) failed to properly appreciate the legal position after the replacement of SMP (Statutory Minimum Price) with Fair Remunerative Price (FRP).....

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....ing but distribution of profits reducing the taxable income of the appellant but at the same time ignoring the fact of policy of the Central Government that the payment of reasonable margins to cane growers/Farmers was towards their all out development which could not take place hereto before. It is in opposition to the benevolent policy of the Central Govt. towards the farmers of the Country. It be held accordingly. 8) On the facts and in the circumstances of the case and in law the Ld. CIT(A) when the matters were restored to his file by Hon'ble Supreme Court for fresh consideration of the complicated issues ought to have considered the position of the appellant that by making the addition of cane price paid over and above FR....

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....d to offer its profits to tax before diverting any funds to the Distribution Pool Fund Account. That is not the case here. The verdict of the said judgment is not applicable to the facts of this case. 11) On the facts and circumstances of the case and in law the filing of this appeal is delayed. The appellant was prevented by sufficient cause to file his appeal within limitation. The balance of convenience is in favour of the assessee. The appellant will file his application for condonation of delay supported by sworn affidavit at the time of hearing. The delay be condoned and appeal be admitted for adjudication as per law. 12) On the facts and circumstances of the case and in law the levy of interest u/s 234A, 234B and 23....