KRISHI UTPADAN MANDI SAMITI BILSI,BADAYUN, UTTAR PRADESH vs. ITO-2(3), BADAYUN-1, BADAYUN, UTTAR PRADESH

ITA 3662/DEL/2026Status: DisposedITAT Delhi17 July 2026AY 2018-193 pages
AI SummaryAllowed

What did the Tribunal hold?

The tribunal held that there is no statutory precondition preventing an assessee from claiming exemption under Section 10(26AAB) even if they have claimed exemption under Section 11(1). The assessee was deemed eligible for the exemption.

What were the facts?

The assessee, a Krishi Utpadan Mandi Samiti, claimed exemption under Section 10(26AAB) of the Income Tax Act. The lower authorities denied this exemption because the assessee had also claimed exemption under Section 11(1) as a registered trust.

What were the issues?

Whether claiming exemption under Section 11(1) disqualifies an assessee from claiming exemption under Section 10(26AAB). Applicability of Section 10(26AAB) to a Krishi Utpadan Mandi Samiti.

Which sections of the Income-tax Act were involved?

Section 10(26AAB),Section 11(1),Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI

Before: SHRI SATBEER SINGH GODARA

For Appellant: CA (VC)
Hearing: 01.06.2026Pronounced: 01.06.2026

This assessee’s appeal for assessment year 2018-19, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and Order No. ITBA/NFAC/S/250/2025-26/1082761778(1), dated 19.11.2025 involving proceedings under section 143(3) r.w.s. 143(3A) & 143(3B) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused.

2.

It transpires at the outset during the course of hearing that the assessee/appellant is aggrieved against both the learned lower authority’s respective assessment and lower appellate findings denying exemption u/s 10(26AAB) for the precise reason that it had claimed exemption u/s 11(1) as

The order continues below.

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