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2021 (7) TMI 286 - AT - Income TaxExcess cane price paid to sugarcane supplier - HELD THAT:- In the present appeal are identical, the issue relating to excess sugarcane price paid by the assessee is restored to the file of Assessing Officer with similar directions as above in the case of Majalgaon Sahakari Sakhar Karkhana Ltd. Vs. ACIT [2019 (3) TMI 906 - ITAT PUNE]. The Assessing Officer shall decide the issue after affording reasonable opportunity of hearing to the respective assessee, in accordance with law. Ground No.1 raised in appeal by the assessee is allowed for statistical purposes. Sale of sugar at Concessional Rate - HELD THAT:- We find that the issue of sale of sugar at concessional rates has also been considered by the Co-ordinate Bench in the case of Majalgaon Sahakari Sakhar Karkhana Ltd. Vs. ACIT [2019 (3) TMI 906 - ITAT PUNE] and in the case of ACIT Vs. Shri Shankar SSK Ltd. 88[2019 (6) TMI 1399 - ITAT PUNE]. In view of the above order by Co-ordinate Bench of the Tribunal this issue is restored back to the file of Assessing Officer for de-novo adjudication in similar terms. Provision for Vasantdada Sugar Institute (VSI) Contribution - HELD THAT:- As provision for VSI contribution has been decided by the Tribunal while adjudicating bunch of SSK appeals in Majalgaon SSK Ltd. Vs. ACIT [2019 (3) TMI 906 - ITAT PUNE]. We observe that the Co-ordinate Bench has decided this issue in favour of assessee. Disallowance on account of Chief Minister Relief Fund - CIT(Appeals) on this issue held that this amount was not incurred for the purpose of business and hence, not allowable u/s.37 of the Act and the same is allowable u/s.80G - HELD THAT:- As the amount has not been paid in the previous year as donation to the Chief Minister Relief Fund, the same was not allowable, as the requirement of law is that it should be paid. The action of the AO was upheld - once it is decided that the amount is allowable u/s.80G of the Act as donation to the Chief Minister Relief Fund, therefore, deduction allowed has to be calculated according to the provisions of the Act and also it has to be verified whether the said donation was made in the previous year or not, relevant to the assessment year. This exercise has to be done by the Assessing Officer. DR conceded to this observation of the Bench. In view thereof, we set aside the order of the Ld. CIT(Appeals) on this issue and remand the matter back to the file of the Assessing Officer for adjudication as per law while complying with the principles of natural justice. Ground raised in appeal by the assessee is allowed for statistical purposes.
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