Commissioner Of Income Tax vs. Krishi Upaj Mandi Samiti, Sehore
What did the High Court hold?
The High Court dismissed the appeal filed by the Revenue. The Court noted that the Revenue did not dispute that a detailed order passed in a similar case, M.A.I.T. No. 114/2007 (Commissioner of Income Tax-II, Jabalpur Vs. Krishi Upaj Mandi Samiti, Raheli, District Sagar) on November 21, 2019, would govern the decision of the present appeal. As that appeal was dismissed, the present appeal was also dismissed in view of the prior order. The reasoning for the dismissal of the prior appeal, which would have addressed the substantial questions of law, is not detailed in this judgment. Therefore, no specific finding on each issue or ratio decidendi is provided for this particular judgment, other than the operative direction to dismiss the appeal based on precedent.
What were the facts?
The Revenue, Commissioner of Income Tax, Bhopal, filed an appeal against an order of the Income Tax Appellate Tribunal (ITAT), Indore Bench. The ITAT's order, dated March 14, 2007, directed the registration of the assessee, Krishi Upaj Mandi Samiti, Ashta, District Sehore, under Section 12A of the Income Tax Act, 1961. The High Court admitted the appeal on January 9, 2007, to decide substantial questions of law. The Revenue did not dispute that a detailed order passed in a similar case, M.A.I.T. No. 114/2007 (Commissioner of Income Tax-II, Jabalpur Vs. Krishi Upaj Mandi Samiti, Raheli, District Sagar) on November 21, 2019, would govern the present appeal.
What were the issues?
The High Court had to decide the following substantial questions of law: 1. Whether the Tribunal was correct in granting registration under Section 12A by following ITAT decisions in Market Committee, Sular Gharat & others V/s CIT and Agricultural Produce Delhi, without examining the merits of the order passed by the CIT under Section 12AA of the IT Act. 2. Whether the Tribunal was correct in granting registration under Section 12A to the assessee, despite its status as a local authority before the amendment of Sections 10(20) and 10(29) effective from Assessment Year 2003-04, thereby allowing exemption under Section 11. 3. Whether the assessee could be considered a charitable institution, given that its activities had not changed, in light of the findings in the order under Section 12AA(i)(b)(ii). The Revenue contended that the Tribunal erred by not examining the merits of the CIT's order under Section 12AA and by granting registration despite the assessee's status as a local authority. The Revenue also questioned whether the assessee could be treated as a charitable institution. The judgment does not record specific arguments from the assessee.
Which sections of the Income-tax Act were involved?
Section 12A,Section 12AA,Section 10(20),Section 10(29),Section 11
AI-generated summary — verify with the full judgment below
Cause title — parties, addresses and appearances
O R D E R (22.01.2020)
Per: Ajay Kumar Mittal, C.J. (Oral)
The Revenue has filed this appeal against the order of the Income Tax Appellate Tribunal, Indore Bench, Indore passed in I.T.A.No.43/Ind/2007 dated 14.03.2007 directing registration of the assessee-Krishi Upaj Mandi under Section 12A of the Income Tax Act, 1961. 2. This appeal was admitted on 9.1.2007 for determination of the following substantial questions of law:- “(i) Whether the Tribunal was right in granting registration under Section 12-A following the decision of ITAT ‘A’ Bench, Delhi in the case of Market Committee, Sular Gharat & others V/s CIT and also the ITAT Nagpur ‘A’ Bench in the case of Agricultural Produce Delhi without going into the merits of the order under Section 12-AA of the IT Act by CIT?
(ii) Whether the Tribunal was right in granting registration under Section 12-A to the assessee inspite of the fact that the assessee had the status of local authority before the amendment made in Section 10(20) and 10(29) of the IT Act w.e.f. A.Y. 2003-04 and also later on and thereby allowing exemption under Section 11 of the IT Act?
(iii) Whether the activities of the trust not having been changed, whether the assessee can be treated as a charitable institution in the light of the finding given in the order under Section 12-AA(i)(b)(ii)?”
It was not disputed by the learned counsel for the revenue that detailed order passed in M.A.I.T.No.114/2007 (The Commissioner of Income Tax-II, -( 2 )-
2019 would govern the decision of this appeal. Accordingly, in view of the order dated 21.11.2019 passed in M.A.I.T.No.114/2007 (The Commissioner of Income Tax-II, Jabalpur Vs. Krishi Upaj Mandi Samiti, Raheli, District Sagar), where the appeal has been dismissed, this appeal is also dismissed.
(Ajay Kumar Mittal) (Vijay Kumar Shukla) Chief Justice
Judge
C. PHILIP Date: 2020.01.27 17:16:47 +05'30'
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