MORINDA COOPERATIVE SUGAR MILLS LTD. vs COMMNR. OF INCOME TAX, CHANDIGARH — C.A. No. 2445/2005
Case under Section IV. Status: Disposed.
CNR: SCIN010089212004
Filing Date
22-Apr-2004
Registration No
C.A. No. 2445/2005
Diary Number
8921/2004
Order Date
26-Sep-2012
Document Type
ROP - of Main Case
Disposal Type
Disposed Off
Last updated 22-Jun-2026
Acts & Sections
Petitioner(s)
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1.MORINDA COOPERATIVE SUGAR MILLS LTD.
Adv. BADRI PRASAD SINGH
Respondent(s)
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1.COMMNR. OF INCOME TAX, CHANDIGARH
Case History
Case Summary: Morinda Cooperative Sugar Mills Ltd. v. Commissioner of Income Tax, Chandigarh Outcome: The Supreme Court heard 15 consolidated civil appeals on September 26, 2012, and remitted all cases back to the Commissioner of Income Tax (Appeals) for re-examination. The core issue was whether a cooperative sugar mill's conversion of sugarcane into sugar constitutes "manufacture" under Section 80P(2)(a)(iii) of the Income Tax Act, 1961. Key Direction: The CIT(A) must allow the assessee to submit an independent expert opinion (not from the cooperative society/federation) on whether the sugar production process is "manufacture." The Department may engage its own expert, with both parties permitted to cross-examine experts. The Court declined to express opinions on merits, citing the Oracle Software test for manufacture. Next Steps: Cases remitted to CIT(A) for decision after expert examination; no order as to costs. This case analysis is maintained by casestatus.in based on publicly available court records.
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