M/S Karnal Coop. Sugar Mills Ltd. Karnal v. Joint Commissioner Of Income-Tax, Spl. Range, Karnal

IN THE HIGH COURT OF PUNJAB AND HARYANA ATCHANDIGARH ITA No. 136 of 2009 (O&M)Date of decision: November 12, 2009 M/s Karnal Coop. Sugar Mills Ltd. Karnal ...Appellant Versus Joint Commissioner of Income-Tax, Spl. Range, Karnal ...Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOELHON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Rajesh Garg, Advocate, for the appellant. ORDER 1.This appeal has been preferred under Section 260A of theIncome Tax Act, 1961 (in short, 'the Act'), raising question of applicabilityof Section 80P of the Act to the marketing of sugar by members of theCooperative Society. 2.Learned counsel for the appellant states that legal issue hassince been decided in favour of the assessee by Full Bench of this Court inBudhewal Coop. Sugar Mills Limited v. CIT(2009) 315 ITR 351. 3.In view of this development, impugned order of the Tribunal isliable to be set aside and the matter is remanded for fresh decision inaccordance with law. 4.Accordingly, this appeal is allowed. The impugned order of theTribunal is set aside. The matter is remanded to the Tribunal for fresh order ITA No. 136 of 2009 in accordance with law. 5.The parties are directed to appear before the Tribunal forfurther proceedings on December 22, 2009. (ADARSH KUMAR GOEL) JUDGE November 12, 2009 prem (GURDEV SINGH ) JUDGE