2026 (2) TMI 1382

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....MR. JUSTICE AMARINDER SINGH GREWAL Present:-   For the Appellant-Income Tax: Mr. Ranvijay Singh, Sr. Standing Counsel with Ms. Nikita Garg, Jr. Standing Counsel and Mr. Vidhul Kapoor, Advocate. For the Respondent-Assessee: Ms. Radhika Suri, Sr. Advocate with Mr. Abhinav Narang, Advocate and Ms. Parnika Singla, Advocate. JAGMOHAN BANSAL, J. (ORAL) 1. As common issues are involve....

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....eferred appeal before Tribunal which dismissed the same. The assessee filed appeal before this Court which set aside order passed by Tribunal. The matter was remanded back to Tribunal to pass fresh order in the light of judgment of Hon'ble Supreme Court in "Commissioner of Income Tax Madras Vs. Ponni Sugars & Chemicals Ltd.", 2008 (9) SCC 337. The Tribunal vide impugned order has allowed appeal of....

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....esaid judgments of Gujarat High Court. Appeals of Revenue stand dismissed by Supreme Court. 5. Per contra, learned counsel for appellant submits that Gujarat High Court has not considered exemption scheme in true spirit. The assessee withheld recovered sales tax. The amount recovered from buyers in the name of sales tax was utilized for day to day working of the assessee. It could not be treate....