Commissioner Of Income Tax, Jalandhar I, Jalandhar v. M/S Doaba Cooperative Sugar Mills Limited, Nawanshahr

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH ITA No.845 of 2010Date of decision: 19.5.2011 Commissioner of Income Tax, Jalandhar I, Jalandhar ... Appellant Versus M/s Doaba Cooperative Sugar Mills Limited, Nawanshahr ...Respondent CORAM: HON'BLE MR.JUSTICE ADARSH KUMAR GOELACTING CHIEF JUSTICE HON'BLE MR.JUSTICE AJAY KUMAR MITTAL Present:Mr. Vivek Sethi, Sr.Standing counsel for the appellant. Adarsh Kumar Goel, ACJ. This order will dispose of ITA Nos.845 and 846 of 2010 asboth the appeals involve common question. ITA No.845 of 2010 has been preferred by the revenue under Section 260A of the Income Tax Act, 1961 (‘the Act’) againstthe order of the Income Tax Appellate Tribunal, Amritsar Bench,Amritsar in ITA No.502(ASR)/2000 for the assessment year 1997-98,claiming following substantial questions of law:- “i) Whether on the facts and in the circumstances of thecase, the ITAT is right in law in expressing the plaindivergence from the earlier view held by the Divisionalbench of the jurisdictional High Court in KarnalCooperative Sugar Mills Limited, (2001) 253 ITR 659 (P&H) as held in the case of the Budhewal CooperativeSugar Limited v. CIT 225 CTR 261 (P&H)? ii) Whether on the facts and in the circumstances and in lawa cooperative society, engaged in the business ofmanufacturing and sale of sugar out of sugarcane can besaid to be engaged in the marketing of the agriculturalproduce of its members within the meaning of section 80-P(2) (a) (iii) of the Income Tax Act, 1961?” Learned counsel for the revenue fairly states that the matteris covered against the revenue by judgment of this Court in TheBudhewal Cooperative Sugar Limited v. CIT, 225 CTR 261. Accordingly, these appeals are dismissed. (Adarsh Kumar Goel)Acting Chief Justice May 19, 2011‘gs’ (Ajay Kumar Mittal)Judge