Court In Budhewal Coop. Sugar Mills Limited v. Cit, (2009

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH. ITA No.27 of 2004(O&M)Date of decision: 12.10.2009 M/s Morinda Cooperative Sugar Mills Limited -----AppellantVs. ----Respondents Adarsh Kumar Goel,J. This order will dispose of Income Tax Appeal Nos.27,224 of 2004, 93, 94, 165 and 637 of 2005 under Section 260A ofthe Income Tax Act, 1961 (in short, ‘the Act’), raising commonquestion of applicability of section 80P of the Act to the marketingof sugar by members of the Cooperative Society. Learned counsel for the parties state that legal issue hassince been decided in favour of the assessee by Full Bench of this Court in Budhewal Coop. Sugar Mills Limited v. CIT, (2009) 315 ITR 351. In view of this development, impugned order of theTribunal is liable to be set aside and the matter is remanded forfresh decision in accordance with law. Accordingly, these appeals are allowed. The Impugnedorder of the Tribunal is set aside. The matter is remanded to theTribunal for fresh order in accordance with law. The parties aredirected to appear before the Tribunal for further proceedings onDecember 22, 2009. (Adarsh Kumar Goel)Judge October 12, 2009‘gs’ (Gurdev Singh)Judge