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2019 (12) TMI 1211 - BOMBAY HIGH COURTAddition u/s 37 and 40A - Disallowance of excess cane price paid to members and non members - 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 - AO had disallowed the price paid by the Respondents – Assessee to its members as well as non-members as it was in variance with the minimum ex-factory price fixed by the Central Government under Clause 3(1) in Sugarcane (Control) Order, 1966 as revised from time to time HELD THAT:- 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 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 sent the proceedings to the Assessing Officer, they will have to be sent to the Assessing Officer. In view of this consensus at the bar, these appeals filed by the Revenue are allowed. The impugned orders passed by the Income Tax Appellate Tribunal and the Commissioner of Income Tax (Appeals) in these Appeals are quashed and set aside. The proceedings stand restored to the file by the respective Assessing Officers to be considered in the light of the law laid down by the Supreme Court in the cases of Tasgaon Taluka SSK Ltd. [2019 (3) TMI 321 - SUPREME COURT] and Shri Satpuda Tapi Parisar SSK Ltd. [2010 (1) TMI 117 - SUPREME COURT].
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