9911796707
TMI Blog2012 (5) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... J. - Present appeal is filed under Section 260A of the Income Tax Act, 1961 (for brevity 'the Act'), assailing order dated 24.9.2002 passed by the Income Tax Appellate Tribunal, Chandigarh Bench, 'A', Chandigarh, whereby learned Tribunal has declined the prayer of the appellant to take two additional grounds before the Tribunal. 2. Present appeal was admitted on following substantial questions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ucts from the sugarcane supplied to the mill by its member farmers (sugarcane growers). For the assessment year 1993-94 appellant-sugar mill has claimed deduction of Rs. 16,75,462/- under the provisions of Section 80-P(2)(d) of the Act. During the pendency of the appeal before the ITAT following two additional grounds were sought to be taken under Rule 11 of the Appellate Tribunal Rules, 1963: - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s for want of facts would not be possible. 5. We have heard Mr. S.K. Mukhi, learned counsel appearing for the assessee-appellant as well as Mr. Rajesh Katoch, learned counsel appearing for the revenue-respondent, and have perused the record. 6. Bye-laws of Co-operative Society running sugar mill is produced before us which is taken on record. As per bye-laws of the appellant-sugar mill, appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Act. 7. We find support from the Full Bench judgment of this Court in the case of Budhewal Co-operative Sugar Mills Ltd. v. CIT [2009] 315 ITR 351/84 Taxman 165, wherein it was held that co-operative society engaged in the manufacturing and sale of sugar out of the sugarcane grown by its members is entitled for deduction under Section 80-P(2)(a)(iii) of the Act. Therefore, we hold that Income T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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