THE COMMISSIONER OF INCOME TAX vs. ASHOK SAHAKARI SAKHAR KARKHANA LTD
What did the High Court hold?
The High Court, by consent of the parties, set aside the impugned order of the Tribunal. The matter was remanded back to the Commissioner (Appeals) for deciding it afresh. The reasoning for this decision was based on the Supreme Court's judgment in Deputy Commissioner of Income-Tax Vs. Shri Satpuda Tapi Prarisar SSK Ltd. and others [(2010) 231 CTS (SC) 224]. The learned counsel for the respondent (assessee) did not dispute that the issue was covered by this Supreme Court decision. Therefore, the High Court found it appropriate to follow the precedent set by the Supreme Court and direct a fresh adjudication by the lower appellate authority. No specific finding on the merits of the issue was given by the High Court.
What were the facts?
This case involves an appeal by the Commissioner of Income Tax (Revenue) against an order of the Income Tax Appellate Tribunal (Tribunal). The assessee is Ashok Sahakari Sakhar Karkhana Ltd. The core of the dispute concerns whether payments made by the assessee, a co-operative sugar factory, to its members or sugarcane producers were excessive and unreasonable. The Revenue is challenging the Tribunal's finding on this issue. The appeal was heard by the High Court of Judicature at Bombay, Bench at Aurangabad, and by consent, was taken up for final hearing at the admission stage.
What were the issues?
1. Whether, on the facts and circumstances of the case and in law, the Tribunal was justified in holding that the payment made by an assessee (a co-operative sugar factory) to its members or producers of sugarcane was excessive and unreasonable within the meaning of Section 40A(2) and Section 37(1) of the Income Tax Act, 1961? Assessee's Contention: The judgment does not record any specific arguments made by the assessee. Revenue's Contention: The Revenue, represented by the learned ASG, relied on the Supreme Court's decision in Deputy Commissioner of Income-Tax Vs. Shri Satpuda Tapi Prarisar SSK Ltd. and others [(2010) 231 CTS (SC) 224]. They submitted that on an identical issue, the Supreme Court had remanded the matter to the Commissioner of Appeals for a fresh decision in light of the directions issued by the Supreme Court.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD TAX APPEAL NO. 74 OF 2008 THE COMMISSIONER OF INCOME TAX VERSUS ASHOK SAHAKARI SAKHAR KARKHANA LTD … ASG for Appellant : Shri Alok Sharma Advocates for Respondent : S/Shri M.V.Kulkarni & R.R.Chandak … CORAM : D. G. KARNIK & S. B. DESHMUKH, JJ. Dated: February 10, 2012 ... PER COURT :- 1. Heard learned counsel for respective parties. 2. By consent, the appeal is taken up for final hearing at the stage of admission. 3. The only issue which is pressed on behalf of the Revenue in this appeal is:- “ Whether on the facts and circumstances of the case and in law, the Tribunal was justified in holding that the payment made by an assesee ( a co-operative sugar factory) to it's members or producers of a sugarcane was excessive and unreasonable within the meaning of Section 40A(2) and Section 37(1) of the Income Tax Act, 1961 ?" 4. Learned ASG for the appellant invited our attention to the decision of the Supreme Court in the case of Deputy Commissioner of Income-Tax Vs. Shri Satpuda Tapi Prarisar SSK Ltd. and others [(2010) 231 CTS (SC) 224] and submitted that on an identical issue the matter has been remanded by the akl
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
TAX APPEAL NO. 74 OF 2008 Supreme Court to the Commissioner of Appeals for deciding it afresh in the light of directions issued by the Supreme Court therein. Learned Counsel for the respondent does not dispute that the issue framed above is covered by the decision of the Supreme Court in the case of Deputy Commissioner of Income-Tax Vs. Shri Satpuda Tapi Prarisar SSK Ltd. and others. 5. For these reasons, the impugned order is set aside and the matter is remanded back to the Commissioner (Appeals) for deciding it afresh in the light of the decision of the Supreme Court in the case of Deputy Commissioner of Income-Tax Vs. Shri Satpuda Tapi Prarisar SSK Ltd. and others [(2010) 231 CTS (SC) 224]. ( S. B. DESHMUKH, J. ) ( D. G. KARNIK, J. ) ... akl
More judgments on Section 40A(2)
- Bellsonica Auto Component India Private… vs ACIT, Circle-1(1), GurgaonITA 1041/DEL/2023[2015-16]Status: Disposed7 Oct 2026AY 2015-16
- Pramod Lakra, Deputy Commissioner of Income… vs M/S. Shree Baidyanath Ayurved Bhawan Pvt…ITA 2692/KOL/2025[2021-22]Status: Disposed28 Sept 2026AY 2021-22
- DCIT, Circle-11(1), Kolkata vs Shree Baidyanath Ayurved Bhawan Pvt Ltd…ITA 2691/KOL/2025[2020-21]Status: Disposed28 Sept 2026AY 2020-21
- Shree Baidyanath Ayurved Bhawan Private… vs DCIT, Circle 11(1), KolkataITA 1033/KOL/2025[2021-2022]Status: Disposed28 Sept 2026AY 2021-2022
- Shree Baidyanath Ayurved Bhawan Private… vs DCIT, Circle 11(1), KolkataITA 1032/KOL/2025[2020-2021]Status: Disposed28 Sept 2026AY 2020-2021
Recent GST High Court judgments
Search GST case law →- Subrat Kumar Samal vs. The Commissioner, CGST, Cx And Customs, BhubaneswarOrissa · 3 Nov 2026
- Laxmipriya Biswal vs. Assistant Commissioner Of State Tax,BhubaneswarOrissa · 3 Nov 2026
- M/S Shree Jagannath Engineering,Angul vs. Assistant Commissioner, Angul Division ,AngulOrissa · 3 Nov 2026
- M/S. Archana Agro, Nayagarh vs. The Chief Commissioner Of Commercial Taxes And Goods And Services Tax, CuttackOrissa · 3 Nov 2026
- M/S.Shree Jagannath Associates, Angul vs. The Chief Commissioner Of Commercial Taxes And Goods And Services Tax, CuttackOrissa · 3 Nov 2026