Itxa/2667/2009 Of The Commissioner Of Income-Tax-Iii,Pune v. Shree Chhatrapati Sahakari Sakhar Karkhana Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL (L) NO.161 OF 2008 The Commissioner of Income Tax ..Appellant. V/s. Shree Chhatrapati Sahakari Sakhar Karkhana Ltd...Respondent. Mr.Vimal Gupta for appellant.Mr.A.K.Jasani for respondent. CORAM : V.C.DAGA AND J.P.DEVADHAR, JJ. DATED : 30TH JUNE, 2009. P.C. :- 1.Heard learned counsel for the revenue and the respondent. Learned counsel for the revenue fairly states that so far as question(A) & (B) are concerned, the same is covered by the judgment delivered by this Court on 30th June, 2009 in the case of The Commissionerof Income Tax V/s. Kisanveer Satara Sakar Karkhana Ltd.in Income Tax Appeal No.930 of 2008. 2.So far question (c) & (D) are concerned, the same is covered by the judgmentin the case of CIT V/s. ManjaraShetkari Sahakari Sakhar Karkhana Ltd. reported in [2008] 301 I.T.R. 191. 3.So far question (E) is concerned in view of the judgment of this Court in the case of CIT V/s. MalegaonSahakari Sakhar Karkhana Ltd. reported in [2005] 279I.T.R. 19 (Bom.), the said issue is remanded back to the Tribunal for de nova consideration. 4.In the above view of the matter, the appeal is disposed of accordingly with no order as to costs. (J.P.DEVADHAR, J.) (V.C.DAGA, J.)