APMC TARIKERE,TARIKERE vs. INCOME TAX OFFICER, WARD-1, CHICKMAGALUR

ITA 1442/BANG/2025Status: DisposedITAT Bangalore15 December 2025AY 2017-18Bench: SHRI LAXMI PRASAD SAHU (Accountant Member), SHRI KESHAV DUBEY (Judicial Member)10 pages
AI SummaryPartly Allowed

What did the Tribunal hold?

The Tribunal held that the CIT(A)/NFAC erred in dismissing the appeal on a technical ground (Section 249(4)(b)) without considering the merits, especially since the assessee's income was nil. The Tribunal remitted the issue to the CIT(A)/NFAC for fresh consideration on merits.

What were the facts?

The assessee, an Agricultural Produce Market Committee (APMC), claimed exemption under Section 10(26AAB) for AY 2017-18. The AO disallowed the exemption, disallowed accumulation claimed under Section 11(2) due to a belated Form 10, and added demonetized cash deposits as unexplained income. The CIT(A) upheld the disallowance.

What were the issues?

Whether the CIT(A)/NFAC was justified in dismissing the appeal on a technical ground instead of adjudicating on merits, and whether the assessee was eligible for exemption under Section 10(26AAB) and provisions related to accumulation under Section 11.

Which sections of the Income-tax Act were involved?

Section 10(26AAB),Section 11,Section 11(2),Section 115BBE,Section 12A,Section 12AB,Section 139(1),Section 143(1),Section 143(2),Section 142(1),Section 249(2),Section 249(4),Section 249(4)(b),Section 250,Section 68,Section 211

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A’’ BENCH: BANGALORE

Before: SHRI LAXMI PRASAD SAHU & SHRI KESHAV DUBEY

Hearing: 17.09.2025Pronounced: 15.12.2025

PER KESHAV DUBEY, JUDICIAL MEMBER:

This appeal at the instance of the assessee is directed against the orders of the ld. CIT(A)/NFAC dated 12.06.2025 vide DIN & Order No.ITBA/NFAC/S/250/2025-26/1076950409(1) for the assessment year 2017-18 passed u/s 250 of the Income Tax Act, 1961 (in short “The Act”).

2.

The assessee has raised the following grounds of appeal: APMC Tarikere, Tarikere 3. Brief facts of the case are that the assessee is an Agricultural Produce Market Committee (in short “APMC”) established under the Karnataka Agricultural Produce Market (Regulation) Act, 1966 for regulating the marketing of agricultural produce as notified by Government of Karnatak

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 10(26AAB)

All 68 judgments and leading authorities on Section 10(26AAB) →

Recent GST High Court judgments

Search GST case law →