TMI Blog2008 (1) TMI 366X X X X Extracts X X X X X X X X Extracts X X X X ..... Nos. 217, 221, 224, 228, 232, 235, 237, 238, 241,242, 244, 253, 254, 256, 257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 268, 269, 270, 271, 272, 273, 274, 275, 276, 277, 279, 280, 281, 282, 289, 308, 309, 310, 311, 312, 320, 321, 335, 412, 413 of 2007. Shri R.L. Jain, with Ms. Veena Mandlik for the appellant. None for the respondent. JUDGMENT The judgment of the court was delivered by S.K. KULSHRESTHA J. - These appeals have been filed under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act) against the various orders passed by the Income Tax Appellate Tribunal with regard to the direction to the Income Tax Authorities to grant registration to the Krishi Upaj Mandi under the provisions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing the appeals of the Krishi Upaj Mandis, it was directed that the Commissioner of Income Tax shall take necessary steps to grant registration to all the assessees from the date of their creation. Aggrieved by the orders passed by the Income-tax Appellate Tribunal, the Revenue has preferred these appeals which have been admitted on the questions hereinabove reproduced. While not disputing that the controversy has already been decided by this Court, by Gwalior Bench, in Miscellaneous Appeal (I.T.) No.12/2007 (See CIT v. Krishi Upaj Mandi Samati (No.1) [2009] 308 ITR 380 (MP) and this Court has held that the market Committees will fulfill the requirements of Section 11 to get exemption and, therefore, they are entitled to registratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Apex Court was considering the status of the Corporation vis-a-vis its entitlement to exemption under the provisions of the Act. Their Lordships have also taken into consideration the preamble of the Act "An Act to provide for the establishment of a Corporation for better preservation, supervision and development of forest and better exploitation of forest produce within the State and have matters connected therewith". In the case in hand, the questions referred to above deal with the cases of Krishi Upaj Mandi. The preamble of the M. P. Krishi Upaj Mandi Adhiniyam, 1972 under which the Krishi Upaj Mandi is established refers to providing for better regulation of buying and selling of agricultural produce and the establishment and proper ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Mandis have been established. Krishi Upaj Mandi does not have any commercial activity but has been constituted under the provisions of the said Act to protect the interest of the farmers and ensure that they are not exploited. It is not shown that the fee charged by the Krishi Upaj Mandi is applied for any purpose to the advantage of the Krishi Upaj Mandi. Under these circumstances, when the object of the Krishi Upaj Mandi is benevolent, it cannot be said that it is not entitled to Registration under section 12A and 12AA of the Act. 8. In the said decision it has been observed that sub-section (2) of Section11 provides that for getting the exemption it is necessary that the income must be applied for Charitable or religious purpose in I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his observation is in keeping with the opinion expressed by the apex Court in U.P. Forest corporation [2008] 297 ITR 1 to the effect that for claiming benefit under section 11(1)(a), registration under section 12A is a condition precedent. Since this Court has come to the conclusion that the Krishi Upaj Mandi fulfills the requirement of Section 12A and 12AA, and due applications were made to the Commissioner for Registration, the inconsistencies pointed out by the learned Senior Counsel appear illusory and fallacious. We are, therefore, of the considered view that the decision of this Court in similar cases referred to above, clinches the issue and the questions formulated deserve to be answered against the Revenue. 10. In the resul ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
