TMI Blog2011 (7) TMI 664X X X X Extracts X X X X X X X X Extracts X X X X ..... nufacturing process which involves usage of Plant and Machinery. Held that: Assessing Officer not to allow deduction to the assessee under Section 80P(2)(a)(iii) of the Act by relying upon the decision of the jurisdictional High Court in the case of Karnal Cooperative Sugar Mills Ltd. v. CIT [2002] 253 ITR 659 (Punj. & Har.) and in the case of National Agriculture Cooperative Marketing Federati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) Whether on the facts and circumstances of the case and in law, the Hon'ble ITAT is right in allowing the deduction u/s 80P(2)(a)(iii) to the assessee as sugar and molasses are products of a complex manufacturing process which involves usage of Plant and Machinery. (ii) Whether on the facts and circumstances of the case and in law the Hon'ble ITAT is right in allowing the deduction u/s 80P(2)(a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deleted the addition holding that in the case of sugarcane the only method of marketing available to a cooperative society was to produce sugar and sell the same. Against the order of the CIT(A), the department filed an appeal before the Tribunal. The Tribunal vide order dated 13.6.2003 set aside the order of the CIT(A) and directed the Assessing Officer not to allow deduction to the assessee und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 26.9.1997 by relying on the decision of this Court in Budhewal Cooperative Sugar Mills Ltd.'s case (supra). Hence, the present appeal by the revenue. 3. We have heard learned counsel for the appellant. 4. The point for consideration in this appeal is whether the assessee was entitled to claim deduction under Section 80P(2)(a)(iii) of the Act which was engaged in marketing of agricultural prod ..... X X X X Extracts X X X X X X X X Extracts X X X X
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