CIT v. Agricultural Market Committee

336 ITR 641High Court2011#10537 most cited

What is CIT v. Agricultural Market Committee authority for?

Promoting or protecting the interest of a particular trade or industry constitutes a charitable purpose and an object of general public utility, not falling under the exception in the first proviso to Section 2(15) of the Income-tax Act.

10

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2011 to 2024.

Also referred to as

CIT v. Agricultural Market Committee · charitable purpose · public utility · Section 2(15) · trade or industry interest · exemption

Read the full judgment

Judgments citing CIT v. Agricultural Market Committee

DCIT Circle -1 (Exemption) Ahmedabad, Ahmedabad vs. Naroda Enviro Projct Limited, Ahmedabad

In the result, appeal of the Revenue is dismissed

ITA 360/AHD/2024[2016 17]Status: DisposedITAT Ahmedabad29 May 2024

Bench: Smt. Annapurna Gupta (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)

Section 11Section 12ASection 143Section 2(15)Section 25

…xplanation IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “ B ” BENCH Before: Smt. Annapurna Gupta, Accountant Member And Shri T.R. Senthil Kumar, Judicial Member Assessment Year: 2016-17 The D.C.I.T, Naroda Enviro Project Circle-1(Exemption), Limited, Ahmedabad. Vs Plot No.512-515, Phase, GIDC, Naroda, Ahmedabad-382330. PAN: AAFFN9138D (Appellant) (Respondent) Revenue Represented: Shri Alpesh Parmar, Sr-DR Assessee Represented: None Date of hearing : 22-05-2024 Date of pronouncement : 29-05-2024 आदेश/ORDER PER T.R. SENTHIL KUMAR, JUDICIAL MEMBER This appeal is filed by the Revenue as against the appellate order…

The Dy. CIT, (Exemption), Circle-2, Ahmedabad vs. Baroda Cricket Association, (Bca), Vadodara

In the result, all the tax appeals fail and are hereby dismissed

ITA 6/AHD/2020[2015-16]Status: DisposedITAT Ahmedabad10 Jun 2022AY 2015-16

Bench: Shri Pramod M Jagtap & Ms. Madhumita Roy

For Appellant: Shri James Kurian, CIT DRFor Respondent: Ms. Amrin Pathan, A.R
Section 11Section 143(3)Section 2(15)

…e or protect the interest of particular trade or industry that object becomes an object of public utility and would be charitable purpose (Gujarat Maritime Board (2007) 295 ITR 561 (SC) [see Commissioner of Income Tax vs. Agricultural Market Committee, (2011) 336 ITR 641 146. In our opinion, this could be termed as a charitable purpose which has as its motive advancement of an object of general public utility to which the exception carved out in the first proviso to Section 2(15) of the Act would not apply. ………… 177. In the case of N.N. Desai Charitable Trust (supra), this Court ruled that howsoever laudable the…

Income Tax Officer (Exemptions), Rajahmundry vs. Agricultural Market Committe, Akiveedu

In the result, appeal filed by the Revenue and the cross objection filed by the assessee are dismissed

ITA 316/VIZ/2018[2005-2006]Status: DisposedITAT Visakhapatnam23 Aug 2019AY 2005-2006

Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Bleito (Exemptions), Vs. M/S. Agricultural Market Rajahmundry. Committee, Siddhantham Road, Market Yard, Akiveedu, W.G. District. Pan No. Aakfa 8420 C (Appellant) (Respondent)

For Appellant: Shri G.V.N. Hari – AdvocateFor Respondent: Shri V. Appalra Raju– Sr.DR
Section 10(20)Section 11Section 11(2)Section 11(5)Section 12ASection 143(3)

…he act as per which deposits any account with a scheduled bank or a co-operative society engaged in carrying on the business of banking is a permissible investment. Such a view expressed by the Hon'ble A.P High court in the case of CIT vs AMC Giddalur & Otrs (336 ITR 641) which reads as under: Even otherwise the contention is without substance sec. 14(1) of the AMC act r.w.r 8 of the rules mandate that "all moneys received by an MAC shall be deposited in a single banking account with the nearest government treasury, or with the sanction of the government in a bank" out of which all the expenditure of the AMC shal…

Agricultural Market Committee, Nirmal vs. Income Tax Officer, Ward-2, Nirmal

In the result, all the appeals under consideration are treated as allowed for statistical purposes

ITA 402/HYD/2019[2006-07]Status: DisposedITAT Hyderabad24 May 2019AY 2006-07

Bench: Shri V. Durga Rao

For Appellant: Shri S. Rama RaoFor Respondent: Shri Nilanjan Dey
Section 10(20)Section 11Section 12ASection 143(3)Section 147Section 148Section 234A

…r order of the Tribunal and also the judgement of the Supreme Court in the case of Agricultural Produce Market Committee vs. CIT (301 ITR 1). We take support from the judgement of jurisdictional High Court in the case of CIT vs. Agricultural Market Committee (336 ITR 641) (AP), wherein the High Court held as under: "Charitable purpose" in section 2(15) of the Income-tax Act, 1961 includes relief to the poor, education, medical relief and the advancement of any other object of general public utility. The words "public utility" or "general public utility" are not capable of a precise meaning. The question whether s…

Agricultural Market Committee, Nirmal vs. Income Tax Officer, Ward-2, Nirmal

In the result, all the appeals under consideration are treated as allowed for statistical purposes

ITA 401/HYD/2019[2005-06]Status: DisposedITAT Hyderabad24 May 2019AY 2005-06

Bench: Shri V. Durga Rao

For Appellant: Shri S. Rama RaoFor Respondent: Shri Nilanjan Dey
Section 10(20)Section 11Section 12ASection 143(3)Section 147Section 148Section 234A

…r order of the Tribunal and also the judgement of the Supreme Court in the case of Agricultural Produce Market Committee vs. CIT (301 ITR 1). We take support from the judgement of jurisdictional High Court in the case of CIT vs. Agricultural Market Committee (336 ITR 641) (AP), wherein the High Court held as under: "Charitable purpose" in section 2(15) of the Income-tax Act, 1961 includes relief to the poor, education, medical relief and the advancement of any other object of general public utility. The words "public utility" or "general public utility" are not capable of a precise meaning. The question whether s…

Agricultural Market Committee, Sarangapur vs. Income Tax Officer, Ward-1, Nirmal

In the result, all the appeals under consideration are treated as allowed for statistical purposes

ITA 400/HYD/2019[2004-05]Status: DisposedITAT Hyderabad24 May 2019AY 2004-05

Bench: Shri V. Durga Rao

For Appellant: Shri S. Rama RaoFor Respondent: Shri Nilanjan Dey
Section 10(20)Section 11Section 12ASection 143(3)Section 147Section 148Section 234A

…r order of the Tribunal and also the judgement of the Supreme Court in the case of Agricultural Produce Market Committee vs. CIT (301 ITR 1). We take support from the judgement of jurisdictional High Court in the case of CIT vs. Agricultural Market Committee (336 ITR 641) (AP), wherein the High Court held as under: "Charitable purpose" in section 2(15) of the Income-tax Act, 1961 includes relief to the poor, education, medical relief and the advancement of any other object of general public utility. The words "public utility" or "general public utility" are not capable of a precise meaning. The question whether s…

Agricultural Market Committee, Sarangapur vs. Income Tax Officer, Ward-1, Nirmal

In the result, all the appeals under consideration are treated as allowed for statistical purposes

ITA 399/HYD/2019[2003-04]Status: DisposedITAT Hyderabad24 May 2019AY 2003-04

Bench: Shri V. Durga Rao

For Appellant: Shri S. Rama RaoFor Respondent: Shri Nilanjan Dey
Section 10(20)Section 11Section 12ASection 143(3)Section 147Section 148Section 234A

…r order of the Tribunal and also the judgement of the Supreme Court in the case of Agricultural Produce Market Committee vs. CIT (301 ITR 1). We take support from the judgement of jurisdictional High Court in the case of CIT vs. Agricultural Market Committee (336 ITR 641) (AP), wherein the High Court held as under: "Charitable purpose" in section 2(15) of the Income-tax Act, 1961 includes relief to the poor, education, medical relief and the advancement of any other object of general public utility. The words "public utility" or "general public utility" are not capable of a precise meaning. The question whether s…

Principal Commissioner of Income Tax-2 vs. M/s Indur Green Power Private Limited

ITTA/627/2015HC Telangana02 Jun 2016

Bench: RAMESH RANGANATHAN,M.SATYANARAYANA MURTHY

Commissioner of Income Tax vs. Agricultural Market Committee

Appeal is dismissed

ITTA/513/2012HC Telangana20 Nov 2012

Bench: GODA RAGHURAM,M.S.RAMACHANDRA RAO

…THE HON’BLE SRI JUSTICE GODA RAGHURAM AND THE HON’BLE SRI JUSTICE M.S. RAMACHANDRA RAO ITTA No.513 of 2012 Dated 20-11-2012 [1] (2011) 336 ITR 641…

Commissioner of Income Tax vs. Agricultural Market Committee

Appeal is dismissed

ITTA/420/2011HC Telangana17 Nov 2011

Bench: The Tribunal. The Question Whether The Respondent Amc Can Be Treated As Institution For ‘Charitable Purpose’, Under The Meaning Of Section 2(15) Of The Act, Has Been Considered By A Division Bench Of This Court To Which One Of Us (Vvsr, J) Is A Member In Commissioner Of Income Tax V Agricultural Market Committee, Giddalur[1]. It Was Held Therein That All The Amcs Established/Constituted Under The Andhra Pradesh (Agricultural Produce & Livestock) Markets Act, 1966, Come Within The Purview Of ‘Charitable Purpose’ & They Need To Be Registered Under Section 12A/12Aa Of The Act.

Section 10(20)Section 12ASection 2(15)

…2A/12AA of the Act. Following the same, this appeal is dismissed. No costs. The advocate fee is Rs.5,000/- (Rupees five thousand only). ________________ (V.V.S. RAO, J) ______________________ (SANJAY KUMAR, J) 17.11.2011 vs [1] (2011) 336 ITR 641 (AP)…

CIT v. Agricultural Market Committee (336 ITR 641) — Cited in 10 Judgments | BharatTax