ITA No. 136 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 136 of 2009 (O&M) Date of decision: November 12, 2009 M/s Karnal Coop. Sugar Mills Ltd. Karnal ...Appellant Versus Joint Commissioner of Income-Tax, Spl. Range, Karnal ...Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Rajesh Garg, Advocate, for the appellant. ORDER 1. This appeal has been preferred under Section 260A of the Income Tax Act, 1961 (in short, 'the Act'), raising question of applicability of Section 80P of the Act to the marketing of sugar by members of the Cooperative Society. 2. Learned counsel for the appellant states that legal issue has since been decided in favour of the assessee by Full Bench of this Court in Budhewal Coop. Sugar Mills Limited v. CIT (2009) 315 ITR 351. 3. In view of this development, impugned order of the Tribunal is liable to be set aside and the matter is remanded for fresh decision in accordance with law. 4. Accordingly, this appeal is allowed. The impugned order of the Tribunal is set aside. The matter is remanded to the Tribunal for fresh order ITA No. 136 of 2009 2 in accordance with law. 5. The parties are directed to appear before the Tribunal for further proceedings on December 22, 2009. (ADARSH KUMAR GOEL) JUDGE November 12, 2009 (GURDEV SINGH ) prem JUDGE