Gujarat High Court
Principal Commissioner Income Tax, ... vs M/S Shree Chalthan Vibhag Khand Udhyog ... on 20 January, 2020
Author: J. B. Pardiwala
Bench: J.B.Pardiwala, Bhargav D. Karia
C/TAXAP/821/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/TAX APPEAL NO. 821 of 2019
With
R/TAX APPEAL NO. 872 of 2019
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PRINCIPAL COMMISSIONER INCOME TAX, SURAT 2
Versus
M/S SHREE CHALTHAN VIBHAG KHAND UDHYOG SAHAKARI MANDLI
LTD.
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Appearance:
MRS KALPANAK RAVAL(1046) for the Appellant(s) No. 1
for the Opponent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA
and
HONOURABLE MR. JUSTICE BHARGAV D. KARIA
Date : 20/01/2020
COMMON ORAL ORDER
(PER : HONOURABLE MR.JUSTICE J.B.PARDIWALA) 1 Admit.
2 Notice to the assessee for final hearing of both the appeals, returnable on 17th February 2020, on the following substantial questions of law:
"Whether on facts and circumstances of the case and in law, the order of the Hon'ble ITAT is perverse in not considering an important fact that clause 5A of the Sugar Control Order, 1966 was omitted w.e.f. 22/10/2009 when setting aside the order to the AO to be passed in compliance to the order of the Hon'ble Supreme Court in CIT v/s Tasgaon Taluka S.S.K. Ltd.
Whether on facts and circumstances of the case and in law, the order of the Hon'ble ITAT is correct in directing the AO to compute income in Page 1 of 2 Downloaded on : Mon Jan 20 20:47:26 IST 2020 C/TAXAP/821/2019 ORDER accordance to the Hon'ble Supreme Court decision CIT v/s Tasgaon Taluka S.S.K. Ltd when in fact cluase 5A of the SCO, 1966 was no longer on statute, making the implementation of the Hon'ble Supreme Curt directions unviable and not possible in the present matter.
Whether on facts and circumstances of the case and in law, the order of the Hon'ble ITAT ought not to have taken cognizance of the AO's statement in para 7.1 of his order that SCO1966 was amended on 22/10/2009 by inserting clause (g) which provided for giving reasonable margins to the growers of Sugar Cane on account of the risks and profits, when this insertion was in Clause 3 of SCO, 1966 under which the statutory minimum price was decided by the Central Government already.
Whether on facts and circumstances of the case and in law, the order of the Hon'ble ITAT ought to have confirmed the disallowance and addition related to inflated purchase of Sugarcane price paid over the statutory minimum price as per the order of the Assessing Officer and CIT(A)."
3 Mr. Manish J. Shah, the learned counsel has instructions to appear on behalf of the assessee. Mr. Jimmy Patel, the learned counsel on behalf of Mr. Manish J. Shah, the learned counsel waives service of notice of admission for the assessee in both the appeals.
(J. B. PARDIWALA, J) (BHARGAV D. KARIA, J) CHANDRESH Page 2 of 2 Downloaded on : Mon Jan 20 20:47:26 IST 2020