Seth Road, Swargate Pune v. Mula Sahakari Sakhar Karkhanaltd., At Post Sonai,Ta. Newasa

1 T.A.59.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD TAX APPEAL NO. 59 OF 2010 The Commissioner of Income Tax1, PMT, Bldg. B.Wing, Shankar Seth Road, Swargate Pune. ...APPELLANT VERSUS Mula Sahakari Sakhar KarkhanaLtd., at post Sonai,Ta. Newasa, District Ahmednagar ...RESPONDENT. ... Shri Alok Sharma,Advocate for Appellant ... CORAM: B.P.DHARMADHIKARI AND SUNIL P.DESHMUKH,JJ. DATE : 13.08.2012. P.C.: . In present Tax Appeal, the question involved is the same as was involved in Tax Appeal No.99/2008 and connected appeals, which is as under : " Whether the difference between the market price of sale of sugar and price of the sale of a small quantity of sugar made by the assessee ( a sugar factory ) 2 T.A.59.10 to it's sugarcane producer members at a concessional rate, can be added in the income of an assessee under Section 40A of the Income Tax Act, 1961 ?" As stated earlier, the said question is answered in negative vide judgment and order delivered in Tax Appeal No. 99/2008, dated 10th July 2012. 2. Tax Appeal No. 59/2010 is accordingly, dismissed. Sd/- Sd/- [SUNIL P.DESHMUKH,J.] [B.P.DHARMADHIKARI,J.] MTK