IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 161 of 2001 Date of Decision: 13.7.2010 M/s Morinda Cooperative Sugar Mills Ltd. ....Appellant. Versus Deputy Commissioner of Income Tax ...Respondent. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL. HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Gorav Goel, Advocate for the appellant. Ms. Urvashi Dhugga, Advocate for the respondent. ADARSH KUMAR GOEL, J. 1. This appeal has been preferred by the assessee under Section 260A of the Income Tax Act, 1961 against the order passed by the Income Tax Appellate Tribunal, Chandigarh in ITA No. 112/CHANDI/97 relating to the assessment year 1994-95 proposing the following substantial questions of law:- i) Whether in the facts and circumstances of the case the orders Annexures P-2 and P-3 are legally sustainable? ii) Whether in the facts and circumstances of the case the order disallowing the deduction/ exemption under section 80-P(2)(a)(iii) is legally sustainable, the same being based on ITA No. 161 of 2001 -2- mere presumptions and surmises and mere difference of opinion which cannot form the basis of adjudication? iii) Whether at the time of marketing of sugar, the same could be treated to retain the character of agricultural produce grown by members of the Society or that it represent a commercial commodity no longer having the character of agricultural produce, is a question of law to be decided by this Hon'ble Court?” 2. Learned counsel for the revenue fairly states that the matter is covered in favour of the assessee by the Full Bench judgment of this Court in The Budhewal Co-op. Sugar Mills Ltd. v. Commissioner of Income-Tax, ITA No. 507 of 2006 decided on 22.5.2009. 3. In view of the above, this appeal is allowed in terms of the above mentioned judgment. (ADARSH KUMAR GOEL) JUDGE July 13, 2010 (AJAY KUMAR MITTAL) gbs JUDGE