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2018 (3) TMI 526

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..... eduction shall be entertained and decided by the Tribunal. As regards Area Development Fund, the matters were remitted to the Tribunal. The Tribunal has to consider the case put forth by the assessee of utilising the said amount for the purpose for which it was collected. Considering the judgment in the case of Siddheshwar S.S.K. Ltd., Vs. Commissioner of Income Tax (2004 (9) TMI 6 - SUPREME Co .....

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..... e respondent. The following question of law arise : Whether the Tribunal was right in deleting the additions made on account of Cane Development Fund, Area Development Fund, Small Savings, Hutment Fund, C.M. Fund, Mewad Relief Fund ? 2. The Tribunal has decided these issues in favour of assessee in view of the judgment of the High Court in case of CIT Vs. Chhatrapati Sahakari Sakhar Ka .....

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..... S.S.K. Ltd., Vs. Commissioner of Income Tax (supra), it would be necessary to remit the matter back to the Tribunal for considering the aspects in respect of Cane Development Fund, Area Development Fund, Small Savings, Hutment Fund, C.M. Fund and Mewad Relief Fund, afresh in light of the judgment of Apex Court in case of Siddheshwar S.S.K. Ltd., Vs. Commissioner of Income Tax (Supra). 6. .....

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