COMMISSIONER OF INCOME TAX JAIPUR vs. KRISHI UPAJ MANDI SAMITI CHOMU

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Income Tax Appeal No. 390 / 2011 Commissioner Of Income Tax Jaipur, Jaipur-III, Jaipur ----Appellant Versus Krishi Upaj Mandi Samiti, Chomu ----Respondent _____________________________________________________ For Appellant(s) : Sh. Daksh Pareek Adv., on behalf of Sh. Sameer Jain Adv. For Respondent(s) : Ms. Sumati Bishnoi Adv. _____________________________________________________ HON'BLE MR. JUSTICE AJAY RASTOGI HON'BLE MR. JUSTICE ASHOK KUMAR GAUR Order 28/07/2017

Instant appeal is directed against the self same order of the Income Tax Appellate Tribunal impugned dt.29-4-2011 disposing of two appeals for the assessment years 2004-05 & 2005-06 respectively. Two separate appeals were preferred by the revenue i.e. D.B. Income Tax Appeal No.389/2011 for the assessment year 2004-05 and D.B. Income Tax Appeal No.390/2011 for the assessment year 2005-06. As regards D.B. Income Tax Appeal No.389/2011 has been dismissed by the Coordinate Bench of this Court vide order dt.14-2-2017 because of low tax effect in view of circular no.21/2015 of the Central Board of Direct Taxes dt.10-12- 2015. It is informed that batch of such appeals were examined by

(2 of 3) [ITA-390/2011] this Court on merits & decided by common judgment dt.18-8- 2010 in D.B. Income Tax Appeal No.167/2010 Commissioner of Income Tax, Jaipur-III, Jaipur Vs. M/s. Krishi Upaj Mandi Samiti, Shrimadhopur, District Sikar & observed as under :- “In the light of the aforesaid discussion, we are of the view that these appeals preferred by the revenue against the decision of the learned I.T.A.T., in the facts and circumstances, deserves to be dismissed. Our answer to the question, therefore, is that the learned I.T.A.T. has rightly held that looking to the activities of the assessees-K.U.M.S. and the Rajasthan Agriculture Marketing Board enshrined under the Rajasthan Agricultural Produce Markets Act,1961 and the Rules framed thereunder are such which would bring these Institutions, namely the Samities within the purview of “Charitable Institutions” so as to entitle them for being registered as Charitable Institutions under Section 12A of the Income Tax Act,1961 and entitle them for exemption under the provisions of Section 11 and 12 of the Income Tax Act,1961.” When the present appeal came up for consideration, after hearing counsel for appellant following substantial question of law was framed by this Court vide order dt.3-5-2012 which reads as under :- “Whether filing of form no.-10 under Rule-17 read with Section 11(2) for the purpose of exemption is valid and available only when it is filed in the time limit given in the Section 139(1) of the Income Tax Act ?” The parties are in agreement that the substantial question of law which has been framed by this Court in the instant appeal vide

(3 of 3) [ITA-390/2011] order dt.3-5-2012 is almost the same which has been examined & decided by this Court vide jdugment dt.18-8-2010 and jointly submits that the present appeal may be disposed of in the light of the judgment of this Court disposing of batch of appeals preferred by the revenue against various Krishi Upaj Mandi Samities dt.18- 8-2010. Accordingly, the present appeal stands disposed of in terms of the judgment of this Court in D.B. Income Tax Appeal No.167/2010. (ASHOK KUMAR GAUR)J. (AJAY RASTOGI)J. A.Kumar/64