Identical With The Facts In Tax Appeal v. Shrisatpuda Tapi Prarisar Ssk Ltd. And Others [(2010) 231 Cts (Sc) 224

IN THE HIGH COURT OF JUDICATURE OF BOMBAYBENCH AT AURANGABAD TAX APPEAL NO. 77 OF 2008THE COMMISSIONER OF INCOME TAX-I, NASHIKVERSUS SATPUDA TAPI PARISAR SAHAKARI SAKHAR KARKHANA LTD SHAHADA ... ASG for Appellant : Shri Alok Sharma Advocate for Respondent : Shri S.V.Adwant... CORAM : D. G. KARNIK & S. B. DESHMUKH, JJ.Dated: February 10, 2012 ... PER COURT :- 1Heard learned counsel for the respective parties. 2By consent, the appeal is taken up for final hearing at the stage of admission. 3Learned counsel for the parties submit that the facts in this appeal are identical with the facts in Tax Appeal No.74 of 2008. 4Hence, for the reasons recorded in the order passed today in Tax Appeal No.74 of 2008, the impugned order is set aside ad the matter is remanded back to the Commissioner (Appeals) for deciding it afresh in the light of the decision of the Supreme Court in the case Deputy Commissioner of Income-Tax Vs. ShriSatpuda Tapi Prarisar SSK Ltd. and others [(2010) 231 CTS (SC) 224]. ( S. B. DESHMUKH, J. ) ( D. G. KARNIK, J. )…