2024 (12) TMI 1345

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....Mr. Karthik Ranganathan Senior Standing Counsel JUDGMENT DR. ANITA SUMANTH., J. This Tax Case (Appeal) has been filed by the assessee/appellant challenging the order passed by the Income Tax Appellate Tribunal (in short 'Tribunal') for assessment year (AY) 2004-05. The substantial questions of law admitted for resolution are as follows: "1. Whether on the facts and circumstances of th....

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.... 1959 (in short 'Act') are different commodities or whether they are one and the same for the purpose of determining taxability of the profits from sale of jaggery. 3. The Tribunal has decided the issue adverse to the assessee holding that profits from sale of jaggery will be taxable, as such activity has no nexus with agricultural operations. Other orders passed by the Tribunal on the id....

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....ground has been taken, either before the first and second appellate authorities, pursuing the stand that the commodity sold was sugarcane and not jaggery. The assessee has only been harping on the distinction between 'gur' and 'jaggery', contending that the two are different commodities. 7. The specific point raised before us, that the sales effected are of sugarcane and not jagge....