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Assistant Commissioner Of ... vs Shri Warana Sah. Dudh Utadak Prakriya ... on 17 August, 2018

CIT(A) is directed to examine the issue and the peculiar facts of the present case and apply the ratio laid down by the Hon'ble Apex Court dated 23-08-2011 in the assessee' own case as well as the jurisdictional High Court judgment in the case of CIT Vs. Solapur District Co-op. Milk Producers & Process Union Ltd. (supra). CIT(A) shall grant reasonable opportunity of being heard to the assessee while adjudicating the 3 appeals filed by the Revenue. Accordingly, the grounds/additional grounds raised by the Revenue are allowed for statistical purposes.
Income Tax Appellate Tribunal - Pune Cites 6 - Cited by 0 - Full Document

The Cheyyar Milk Producers vs The Commissioner Of Income Tax on 2 November, 2018

Coop. Milk Producers Union (2006) 282 ITR 24 (Guj), and the decision of the Bombay High Court in the case of CIT vs. Solapur Dist. Coop. Milk Producers and Process Union Ltd. (2009) 315 ITR 304 (Bom). In all these decisions it has been held that purchase bonus, year-end bonus, and payments out of the net profits of a cooperative society to its members, and payment of a similar nature, where the cooperative society was in the business of the supplying milk, are deductible from the gross income of the cooperative society. Thus, it is seen that ordinarily, such deductible from the total income of the Assessee.
Madras High Court Cites 20 - Cited by 0 - S Prasad - Full Document

The Principal Commissioner Of Income ... vs Shree Narmada Khand Udyog Sahkari ... on 11 February, 2025

12. Having heard learned advocates appearing for the respective parties, it appears that the Tribunal after considering the decision of the Apex Court in case of U.P.Co-operative Cane Unions Page 17 of 23 Uploaded by BINA SHAH(HC00353) on Mon Mar 03 2025 Downloaded on : Fri Mar 07 22:12:58 IST 2025 NEUTRAL CITATION C/TAXAP/955/2024 ORDER DATED: 11/02/2025 undefined Federations (Supra) as well as decision of this Court in case of Commissioner of Income-tax Vs. Mahesana District Co- operative Milk Producers Union Ltd. (Supra) has arrived at and findings of fact that the sugarcane price paid by the Assessee is a purely business decision and there is no element of distribution of profit as alleged by the Assessing Officer by taking recourse to the Sugarcane Control Order, 1966 which prescribed the minimum price to be paid to the Sugarcane Grower by the Sugarcane Co- operatives meaning thereby the sugarcane producers cannot purchase the sugar below the minimum price prescribed in the Sugarcane Control Order, 1966. However, there is no prohibition in payment of higher price by the sugarcane producer and therefore, the Tribunal has rightly come to the conclusion that the Assessing Officer could not have made any addition by substituting the business decision of the assessee to pay the sugarcane price to the sugarcane growers as agreed between them.
Gujarat High Court Cites 14 - Cited by 0 - B D Karia - Full Document

Assistant Commissioner Of ... vs Shri Warana Sahakari Dudh Utpadak ... on 12 July, 2019

CIT(A) is directed to examine the issue and the peculiar facts of the present case and apply the ratio laid down by the Hon'ble Apex Court dated 23-08-2011 in the assessee' own case as well as the jurisdictional High Court judgment in the case of CIT Vs. Solapur 5 District Co-op. Milk Producers & Process Union Ltd. (supra). CIT(A) shall grant reasonable opportunity of being heard to the assessee while adjudicating the 3 appeals filed by the Revenue. Accordingly, the grounds/additional grounds raised by the Revenue are allowed for statistical purposes."
Income Tax Appellate Tribunal - Pune Cites 3 - Cited by 0 - Full Document
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