M/S Morinda Cooperative Sugar … vs Commissioner Of Income Tax Ii on 12 October, 2009

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                            CHANDIGARH.

                                              ITA No.27 of 2004(O&M)
                                        Date of decision:   12.10.2009




M/s Morinda Cooperative Sugar Mills Limited
                                                              -----Appellant
                                Vs.
Commissioner of Income tax II, Chandigarh.
                                                             ----Respondents



CORAM:-     HON'BLE MR JUSTICE ADARSH KUMAR GOEL
            HON'BLE MR. JUSTICE GURDEV SINGH


Present:-   Mr. M.R.Sharma, for the appellant in ITA Nos.27, 224
            of 2004, 93 and 94 of 2005.

            Mr. Rajesh Garg, Advocate for the appellant in
            ITA Nos.637 of 2005 and 165 of 2005.

            Ms.Urvashi Dhugga, Advocate for the respondent
            In ITA Nos.27, 224 of 2004 and 94 and 165 of 2005.

            Mr. SK Mukhi, Advocate for the respondent
            In ITA No.165 of 2005.


Adarsh Kumar Goel,J.

This order will dispose of Income Tax Appeal Nos.27,

224 of 2004, 93, 94, 165 and 637 of 2005 under Section 260A of

the Income Tax Act, 1961 (in short, ‘the Act’), raising common

question of applicability of section 80P of the Act to the marketing

of sugar by members of the Cooperative Society.

Learned counsel for the parties state that legal issue has

since been decided in favour of the assessee by Full Bench of this
ITA No.27 of 2004(O&M) 2

Court in Budhewal Coop. Sugar Mills Limited v. CIT, (2009)

315 ITR 351.

In view of this development, impugned order of the

Tribunal is liable to be set aside and the matter is remanded for

fresh decision in accordance with law.

Accordingly, these appeals are allowed. The Impugned

order of the Tribunal is set aside. The matter is remanded to the

Tribunal for fresh order in accordance with law. The parties are

directed to appear before the Tribunal for further proceedings on

December 22, 2009.

                                         (Adarsh Kumar Goel)
                                                  Judge


October 12, 2009                             (Gurdev Singh)
'gs'                                             Judge