Itxa/611/2011 Of The Commissioner Of Income Tax -Iv Pune v. The Malegaon Sahakari Sakhar Karkhana Ltd

1 itxal1032-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL (LOD) NO.1032 OF 2010 The Commissioner of Income Tax-IV, Pune ..Appellant. V/s. The Malegaon Sahakari Sakhar Karkhana Ltd. ..Respondent. Mr. Vimal Gupta for appellant. Mr. S.N. Inamdar for respondent. CORAM : J.P. DEVADHAR AND MRS. MRIDULA BHATKAR, JJ. DATED : 7TH FEBRUARY, 2011 P.C. :- 1.Counsel on both sides agree that in view of the decision of the Apex Court in the case of Deputy Commissioner of Income-tax, Nashik V/s. Shri Satpuda Tapi Parisar SSK Ltd. reported in [2010] 189 Taxman 81 (SC), the decision of the ITAT dated 30/11/2009 is required to be quashed and set aside and the matter is required to be restored to the file of the Commissioner of Income Tax (A) for deciding the question raised in this appeal afresh in accordance with law. Accordingly, the order of the ITAT dated 30/11/2009 passed in I.T.A. No.1207/PN/2009 for A.Y. 2006-07 is quashed and set aside and the matter is restored to the file of Commissioner of Income Tax (A) for deciding the question raised in this appeal afresh in accordance with law. 2.The appeal is disposed of accordingly with no order as to costs. (MRS. MRIDULA BHATKAR, J.) (J.P. DEVADHAR, J.)