C.I.T., BIKANER vs. KRISHI UPAJ MANDI SAMITI, GHARSANA

1 D.B. INCOME TAX APPEAL NO.39/2013 DATE OF ORDER :: 18.2.2015 HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MR. JUSTICE P.K. LOHRA Mr. K.K. Bissa, for the appellant ... This appeal is preferred to question correctness of the judgment dated 18.12.2012 passed by learned Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur. The argument advanced by learned counsel for the appellant is two-fold :- (1) that the Income Tax Appellate Tribunal erred while remanding the matter to the Commissioner of Income Tax (Appeals) to examine case of assessee in light of exemption available as per Section 11(1)(a) of the Income Tax Act, 1961 and (2) that the Income Tax Appellate Tribunal erred while setting off excess expenditure in income of earlier years. We have examined the judgment impugned. So far as the first issue is concerned, it is relevant to note that the assessee claimed exemption under Section 11(1)(a) of the Income Tax Act, 1961 but the Commissioner of Income Tax (Appeals) examined the same in light of provisions of Section 11(2) of the Act of 1961. The Tribunal remanded the matter with a 2 direction to adjudicate the entire matter afresh by taking into consideration provisions of Section 11(1)(a) of the Act of 1961. In our considered opinion the remand made by the Tribunal is in accordance with law. The other issue with regard to setting off of excess expenditure in income of earlier years is concerned, we are of the opinion that the finding arrived is based upon the judgment of this Court. It is not in dispute that the assessee is creation of a statute and from inception that is a charitable institution. It is also pertinent to notice that subsequent to the year 2009 the exemption as allowed by ITAT is available to the assessee. In view of it, we do not find any just reason to interfere in the instant matter being having no subsequent question of law involved. The appeal is dismissed accordingly. [P.K. LOHRA], J. [GOVIND MATHUR], J. Sanjay