2025 (1) TMI 1737

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....owing grounds of appeal : "1. On facts and in the circumstances of the case and in law, the ld.CITA) erred in deleting the addition on account of sale of sugar on concessional rate and ignoring the fact that the Hon'ble ITAT vide various decisions has restored the issue to the file of the 40 2) On facts and in the circumstances of the case and in law, the ICITIA) erred in not appreciating the fact that in assessee's own case for AY 2015-16, the Hon'ble ITAT has restored the issue to the file of AO by following the Coordinate Bench of Pune Tribunal's decision in the case of Shri Adinath SSK Vs. ACIT, which in turn has relied on the coordinate bench of Tribunal in the case of ACIT Vs. Shri Shankar SSK Ltd. ....

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.... Societies Act, 1960. In accordance with this provision, the Sugar Commissioner, Pune has issued a circular to regulate the sale of sugar to members. As stated above, the sale of sugar to a member should not exceed 5 kg per month at a concessional/subsidized rate. Hence, there is no ambiguity regarding the regulation of sugar sales to members. Furthermore, it is important to highlight that the Assessing Officer(AO) took note of this regulation and the circular and incorporated the same into the assessment orders for A.Y.2017-18 and A.Y.2018-19. The AO carefully examined the matter based on the practices adopted by the State Government as per its Policy and made an addition for the Differential Amount between the Market Price and the Concess....

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.... vide which Hon'ble Bombay High Court dismissed the appeal of the Revenue. Ld.AR further submitted that Revenue has not filed any SLP against the decision of Hon'ble Bombay High Court regarding sale of sugar at concessional rate. Therefore, ld.AR pleaded that this issue has attained finality for the assessee. Findings & Analysis : 4. We have heard both the parties and perused the records. It is observed that the assessment order dated 28.09.2021 is passed under section 143(3) r.w.s. 262 of the Act. The Assessing Officer has mentioned in the assessment order that assessment order for A.Y.2006-07 was passed on 26.12.2008 determining income at Rs. 90,83,66,451/-, by making addition of Rs. 80,65,02,150/- on account of excessive sugar cane....

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.... in ITA No.1210/PUN/1997 & Ors., referred by Assessing Officer. For ready dereference, the first page of the said order is reproduced here as under : आयकर अपीलीय अधिकरण पुणे न्यायपीठ "ऐ" पुणे में IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH "A", PUNE सुश्री सुषमा चावला, न्यायिक सदस्य एवं श्री अन&....

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....ncome Tax, Circle-1. Solapur 1999-2000 & 2001-02 8-9 251/PUN/2012 & 252/PUN/2012 Shri Tatyasaheb Kore Warana Sahakari Sakhar Karkhana Ltd. Warnanagar, Tal. Panhala, Kolhapur PAN: AAAAT3108M The Income Tax Officer, Ward 1(4), Kolhapur 2007-08 & 2008-09 10 229/PUN/2015 Dyaneshwar SSK Ltd., A/P Dyneshwar Nagar (Bhende), Tal. Nevasa, Dist. Ahmednagar PAN: AAAAS4092H The Asst. Commissioner of Income Tax, Ahmednagar Circle, Ahmednagar 2011-12 11 302/PUN/2012 Kumbhi Kasari Sahakari Sakhar Karkhana Ltd., A/P Kuditre, Tal. Karvir, Dist. Kolhapur The Income Tax Officer, Ward 1(4), Ichalkaranji 2000-01 12-13 597/PUN/2012 & 598/PUN/2012 The Asst. Commissioner of Income Tax, Circle-1, Kolhapur ....