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TMI Blog2010 (12) TMI 965X X X X Extracts X X X X X X X X Extracts X X X X ..... s 1. This bunch of 26 appeals relate to Assessment Years 2003-04 to 2005-07 in respect of assessment proceeding taken under Income Tax, 1961, the (IT Act). The assessee are different Krishi Utpadan Mandi Samitis (the Samitis) incorporated under UP Krishi Utpadan Mandi Samiti Adhiniyam, 1964 (the Mandi Act). The main question involved in these appeals is, 'Whether the amounts paid by the Sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the Income Tax Appellate Tribunal (the Tribunal). These were dismissed by different orders. Hence, the present appeals. 6. We have heard Sri AN Mahajan, and Sri Shambhu Chopra, for the Department; and Sri SK Garg, and Sri Ashish Bansal, counsel for the Samitees. The Decision 7. The agricultural producers were not able to get the reasonable amount for their agricultur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TA No. 80 of 2007 decided on 2.12.2009. 11. Under the Mandi Act, the Samitis collects mandi shulk as well as 'development cess'. They are required to send 50% of the mandi shulk and the entire development cess to the Board under sub sections (5) and (6) of section 19 of the Mandi Act. 12. The only question is, whether the aforesaid amount is the money spent or not so as entitle the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isions and similar question arose there. 16. A Division Bench of the Rajasthan High Court in Income Tax Appeal Nos. 4 to 12 of 2009; Commissioner of Income Tax vs. Krishi Upaj Mandi Samit Gajsinghpur and others (2009) 21 DTR (Raj) 64 (The Rajasthan-Samiti case took similar view. 17. In our opinion, The amount sent by the Samitis to the Board under the Act (namely 50% of the Mandi S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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