TMI Blog2018 (3) TMI 1164X X X X Extracts X X X X X X X X Extracts X X X X ..... he Income Tax Appellate Tribunal are set aside. The parties are relegated before the Commissioner (appeals) who shall decide the appeals afresh expeditiously. - TAX APPEAL NO. 94 OF 2008 with TAX APPEAL NO.95 OF 2008, TAX APPEAL NO.100 OF 2008 - - - Dated:- 16-3-2018 - S.V. GANGAPURWALA A.M. DHAVALE, JJ Mr. R.N. Dhorde, Senior Counsel for appellants Mr. Alok Sharma, Standing Counsel for respondents ORAL JUDGMENT (Per S.V. Gangapurwala, J.) 1. Heard Mr. Dhorde, learned Senior Counsel for the appellants and Mr Sharma, learned Counsel for respondents. 2. The question of law is about the deduction towards Area Development Fund. 3. The Apex Court in case of Siddheshwar Sahakari Sakhar Karkhana Ltd., Vs. Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the already existing practice. It is difficult to equate this fund to the other categories of funds, as has been done by the Tribunal and affirmed by the High Court. Unlike the other funds like Chief Minister's Relief Fund, the amount collected towards Area Development Fund is retained by the sugar factory itself and utilized as per the guidelines issued by the Government or the National Cooperatives Development Corporation. The collective Body of the Society and its elected representatives take the decision as to how much amount has to be spent and for what purposes. The Director of Sugars or other designated official, no doubt acts in a supervisory capacity to oversee that the funds are properly utilized. On that account, it cann ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the case of C.I.T. Vs. Bijlee Cotton Mills [(1979) 1161 TR60 (SC)] , has been invoked to substantiate the argument. It is contended that the realizations towards Area Development Fund would more or less stand on the same footing as deposits. The controversy has not been approached in the light of the above arguments. We do not consider it appropriate to express our view for the first time, especially when the determination thereof may depend on the consideration of certain facts. We therefore leave this point open for fresh determination by the Tribunal. 4. The Commissioner and the Tribunal have not given any finding that the fund collected under the Area Development is not utilised for the purpose, for which it was collected. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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