9911796707
TMI Blog2019 (12) TMI 1211X X X X Extracts X X X X X X X X Extracts X X X X ..... or the parties are ad idem that in view of these decisions, the impugned orders passed by the Income Tax Appellate Tribunal and the Commissioner of Income Tax (Appeals) will have to be set aside. The learned Counsel further points out that though the Division Bench of this Court in The Commissioner of Income Tax-I v. Kadwa Sahakari Sakhar Karkhana Ltd [ 2019 (4) TMI 1804 - BOMBAY HIGH COURT] in identical circumstances, had set aside the orders passed by the Tribunal and the Commissioner (Appeals) and had remanded the proceedings to the Commissioner of Income Tax (Appeals) for reconsideration, in view of the decision of the Supreme Court in the case of Tasgaon Taluka SSK Ltd. [ 2019 (3) TMI 321 - SUPREME COURT] wherein the Apex Court had s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere admitted on the following substantial question of law :- Whether on the facts and in the circumstances of the case and in law, the ITAT was correct in holding that the disallowance by the Assessing Officer of excess cane price paid to members and non members was not justified ? 4. The question of law had arisen in these Appeals as the Respondents who are sugarcane co-operative societies governed by the Maharashtra Co-operative Societies Act, 1960 had paid a price of sugarcane purchased from its members and non-members at a certain rate. The Assessing Officer had disallowed the price paid by the Respondents Assessees to its members as well as non-members as it was in variance with the minimum ex-factory price fixe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6 ITR 42 (SC). The learned Counsel for the parties also point out decision of the Apex Court in the case of C.I.T. v. Tasgaon Taluka SSK Ltd. (2019) 412 ITR 420 (SC). 7. The learned Counsel for the parties are ad idem that in view of these decisions, the impugned orders passed by the Income Tax Appellate Tribunal and the Commissioner of Income Tax (Appeals) will have to be set aside. The learned Counsel further points out that though the Division Bench of this Court in Income Tax Appeal No.1507 of 2007 (The Commissioner of Income Tax-I v. Kadwa Sahakari Sakhar Karkhana Ltd.), in identical circumstances, had set aside the orders passed by the Tribunal and the Commissioner (Appeals) and had remanded the proceedings to the C ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
