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TMI Blog2016 (10) TMI 1321X X X X Extracts X X X X X X X X Extracts X X X X ..... ar - commercial expediency - Whether amount to be paid was not out of the profits ascertained at the Annual General Meeting ? - HELD THAT:- It is an agreed position between the parties that the issue raised herein stands concluded by the decision of this Court in Kolhapur Zilla Sahakari Dudh Utpadak Sangh Ltd. [ 2009 (4) TMI 19 - BOMBAY HIGH COURT ] in favour of the Respondent-Assessee - question ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... even an issue raised therein. Question as framed does not give rise to any substantial question of law as the impugned order of the Tribunal has merely followed its own orders for the earlier Assessment Years, which have been accepted by the Revenue. - M.S.SANKLECHA AND S.C.GUPTE, JJ. For the Appellant : Mr. N. N. Singh For the Respondent : Mr. Mihir Naniwadekar ORDER P.C: These two Appeals und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 43(1) was prospective being substantive law in nature and content de hors the decision of Hon'ble Supreme Court reported in 224 ITR 557? . 3 Reg. Question (a): (a) The impugned order of the Tribunal dismissed the Revenue's Appeal before it on the issue raised herein by following the decision of this Court in CIT v/s. Kolahpur Zilla Sahakari Dudh Utpadak Sangh Ltd. 315 ITR 304. (b) It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue raised herein, has been filed by the Revenue. In fact, the order of this Court in Kolhapur Zilla Sahakari Dudh Utpadak Sangh Ltd. (supra), appears to be an appeal by the Revenue in respect of the very orders which are being relied upon by the impugned order (as evident from paragraph 14 of the order of the CIT(A)). However, the issue raised herein was not even an issue raised therein. (c) In th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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