Hutatma Kisan Ahir Sahakari Sakhar Karkhana Ltd., Sangli v. Joint Commissioner Of Income Tax, Special Range-1, Kohapur

IN THE HIGH COURT OF JUDICATURE AT BOMBAYO. O. C. J. INCOME TAX APPEAL (L) NO.813 OF 2006 Hutatma Kisan Ahir Sahakari Sakhar Karkhana Ltd., Sangli....Appellant. Vs. Joint Commissioner of Income Tax, Special Range-1, Kohapur....Respondent. ..... Mr.Ajit M.Savagare i/b. Mr.S.S. Patwardhan for the Appellant.Mr. Vimal Gupta for the Respondent. ..... CORAM : DR.D.Y.CHANDRACHUD &J.P.DEVADHAR, JJ. 16[th] February, 2010. P.C. : The Tribunal has disposed of the appeal, relying upon the judgment of a Division Bench of this Court in CIT vs. Shri Chhatrapati S.S.K. Ltd., (2000) 245 ITR 498. The appeal before the Tribunal related to (i) Non-refundable deposits; (ii) Pre seasonal non-refundable deposits; (iii) Interest on non-refundable deposit and (iv) C.M’s Relief Fund. In view of the subsequent judgment of the Supreme Court in Siddheshawar Sahakari Sakhar Karkhana Ltd. vs. CIT, (2004) 12 SCC 1, it would be appropriate and proper for this Court to remand the proceedings back to the Tribunal for fresh consideration of the facts on the basis of the law laid down by the Supreme Court in the aforesaid decision. In order to facilitate a fresh order on remand, the impugned order of the Tribunal is set aside. ITA 200/PN/2000 pertaining to Assessment Year 1996-97 is accordingly restored to the file of the Tribunal for a fresh decision on merits. The appeal is accordingly disposed of. There shall be no order as to costs. ( Dr.D.Y.Chandrachud, J.) ( J.P.Devadhar, J.)