DCIT Cir. 1,, Kolhapur v. Indra Gandhi Bharatiya Mahila Vikas SSK Ltd.,, Kolhapur

ITA 1083/PUN/2009 | 2004-2005
Pronouncement Date: 18-01-2011 | Result: Partly Allowed

Appeal Details

RSA Number 108324514 RSA 2009
Assessee PAN AAAAI0337D
Bench Pune
Appeal Number ITA 1083/PUN/2009
Duration Of Justice 1 year(s) 4 month(s) 7 day(s)
Appellant DCIT Cir. 1,, Kolhapur
Respondent Indra Gandhi Bharatiya Mahila Vikas SSK Ltd.,, Kolhapur
Appeal Type Income Tax Appeal
Pronouncement Date 18-01-2011
Appeal Filed By Department
Order Result Partly Allowed
Bench Allotted B
Tribunal Order Date 18-01-2011
Assessment Year 2004-2005
Appeal Filed On 11-09-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B PUNE BEFORE SHRI I C SUDHIR JUDICIAL MEMBER AND SHRI G.S. PANNU ACCOUNTANT MEMBER ITA NO. 1083/PN/09 (ASSTT YEAR: 2004-05) DY. COMMISSIONER OF INCOME-TAX CIR. 1 KOLHAPUR APPELLANT VS. INDIRA GANDHI BHARATIYAMAHILA VIKAS SSK LTD. TAMBALE TAL. BHUDARGAD DIST. KOLHAPUR RESPONDENT VITHEWADI KALWAN NASHIK PAN AAAAI 0337D APPELLANT BY : SHRI K K TIWARI (CIT) RESPONDENT BY : NONE ORDER PER G.S. PANNU A.M: THIS APPEAL BY THE REVENUE IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS) KOLHAPUR DATED 29.6.2009 WHICH IN TURN HAS ARISEN FROM AN ORDER DATED 22.12.2006 PASSED BY THE ASSESSING OFFICER UNDER SE C. 143(3) OF THE INCOME-TAX ACT 1961 (IN SHORT THE ACT) PERTA INING TO THE ASSESSMENT YEAR 2004-05. 2. THE SOLITARY GROUND RAISED BY THE REVENUE READS AS UNDER: ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE AND IN LAW THE LD CIT(A) ERRED IN DELETING THE ADDITION RIGHTL Y MADE BY THE AO ON ACCOUNT OF EXCESSIVE AND UNREASONABLE SUGARCA NE PRICE PAID OVER AND ABOVE THE STATUTORY MINIMUM PRICE TO MEMBERS AND NON-MEMBERS? THE APPELLANT PRAYS THAT THE ORDER OF THE CIT (A) B E VACATED AND THAT OF THE AO BE RESTORED. ITA NO 1083/PN/09 INDIRA GANDHI BHARTIYA MAHILA VIKAS SS K LTD. KOLHAPUR 2 3. AT THE TIME OF HEARING LEARNED DEPARTMENTAL REPRESENTATIVE SHRI K K TIWARI (CIT) APPEARING FO R THE REVENUE SUBMITTED THAT THE ISSUE IN QUESTION IS NOW LIABLE TO BE DECIDED IN THE LIGHT OF THE JUDGMENT OF THE HONBLE SUPREME CO URT IN THE CASE OF DY. CIT V SHRI SATPUDA TAPI PARISAR SSK LTD . 326 ITR 42 (SC). 4. THE ASSESSEE IS ENGAGED IN MANUFACTURING OF SUGA R AND SALE THEREOF. THE ASSESSING OFFICER NOTED THAT ASSE SSEE HAD PAID PURCHASE PRICE FOR SUGARCANE OVER AND ABOVE THE PRI CE FIXED BY THE GOVERNMENT AUTHORITIES. ACCORDINGLY A SUM OF R S 1 52 39 586/- WAS DISALLOWED ON THIS ACCOUNT. THE C OMMISSIONER OF INCOME-TAX (APPEALS) DELETED THE ADDITION FOLLOW ING THE JUDGMENT OF THE HONBLE BOMBAY HIGH COURT IN THE CA SE OF CIT V SHREE PANCHGANGA SSK LTD 250 ITR 772 (BOM). 5 THE HONBLE SUPREME COURT IN THE CASE OF DY. CIT V SHRI SATPUDA TAPI PARISAR SSK LTD. (SUPRA) CONSIDERED A SIMILAR SITUATION. THE HONBLE SUPREME COURT REMANDED THE M ATTER TO THE COMMISSIONER OF INCOME-TAX (APPEALS) FOR ADJUDI CATION AFRESH. FOLLOWING THE AFORESAID WE HEREBY SET ASID E THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEALS) AND REMAND THE ISSUE BACK TO HIS FILE TO BE ADJUDICATED AFRESH IN THE LI GHT OF THE OBSERVATIONS MADE BY THE HONBLE SUPREME COURT IN T HE CASE OF DY. CIT V SHRI SATPUDA TAPI PARISAR SSK LTD. (SUPRA ). NEEDLESS TO MENTION THE COMMISSIONER OF INCOME-TAX (APPEALS ) WILL ALLOW ASSESSEE A REASONABLE OPPORTUNITY OF BEING HEARD AN D THEREAFTER ADJUDICATE THE MATTER IN ACCORDANCE WITH LAW KEEPI NG IN MIND THE ITA NO 1083/PN/09 INDIRA GANDHI BHARTIYA MAHILA VIKAS SS K LTD. KOLHAPUR 3 OBSERVATIONS OF THE HONBLE SUPREME COURT. THUS AP PEAL OF THE REVENUE IS PARTLY ALLOWED. 6. IN THE RESULT APPEAL OF THE REVENUE IS PARTLY A LLOWED. PRONOUNCED IN THE OPEN COURT ON THIS 18TH DAY OF JANUARY 2011. SD/- SD/- (I C SUDHIR) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE DATED: 18TH JANUARY 2011 COPY TO:- 1) INDIRA GANDHI BHARTIYA MAHILA VIKAS SSK LTD. KOLHAPUR 2) THE DCIT CIR.1 KOLHAPUR 3) THE CIT (A) KOLHAPUR 4) THE CIT-I KOLHAPUR 5) THE D R B BENCH ITAT PUNE. BY ORDER TRUE COPY ASSTT.REGISTRAR I.T.A.T. PUNE B