The Commissioner Of Income-Tax, Vidarbha, Nagpur v. The Vidarbha Co-Operative Marketing Society Limited, Nagpur

IN THE HIGH COURT OF JUDICATURE AT BOMBAYNAGPUR BENCH, NAGPUR INCOME TAX REFERENCE NO.11 OF 1998 (The Commissioner of Income-tax, Vidarbha, Nagpur vs. The Vidarbha Co-operative Marketing Society Limited, Nagpur) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=Office notes, Office Memoranda ofCoram, appearances, Court's orders Court’s or Judge’s Ordersor directions and Registrar’s orders. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri S.N. Bhattad, Advocate for the Applicant.Shri K.P. Dewani, Advocate for the Non-Applicant. CORAM: B.P. DHARMADHIKARI ANDV.M. DESHPANDE, JJ. th FEBRUARY, 2016. DATE : 11 Following questions have been referred to this Courtarising out of four appeals decided by the I.T.A.T. for differentassessment years. “1. Whether on the facts and in the circumstances ofthe case, the Tribunal was correct in allowing therebate in respect of sale of fertilizers to its membersand non members and in directing the Income-taxOfficer to delete the disallowance ? 2. Whether the Appellate Tribunal was correct inholding that the rebate in respect of sale cannot betreated as an application of profit and it has noconnection in profit of the assessee, which could betreated as an application of profit and the decision soarrived at was in accordance with the provisions oflaw ? The chart showing assessment year disputed dis-allowance and tax effect in each year respectively and totalthereof is reproduced below : The chart shows that the tax effect in any assessmentyear does not exceed Rs.20.00 lakhs and its cumulative effectalso is less than Rs.20.00 lakhs. In this situation, following Instruction No.21, dated10/12/2015, we return the reference unanswered. *sandesh JUDGEJUDGE