Court No. - 37 Case :- INCOME TAX APPEAL DEFECTIVE No. - 356 of 2007 Petitioner :- Commissioner Of Income Tax And Another Respondent :- Krishi Utapadan Mandi Samiti, G.B. Nagar Petitioner Counsel :- S.C.,D. Awasthi Hon'ble Rajes Kumar,J.
Hon’ble Subhash Chandra Nigam,J.
Heard Sri Dhananjay Awasthi, learned Standing Counsel appeared on behalf
of the appellant.
This is an appeal under Section 260A of the Income Tax Act, 1961 at the
instance of the Revenue and following questions of law have been raised in
the memorandum of appeal.
We are of the opinion that the question no. 1 is the only substantial question
of law which is referred herein below:-
1- Whether on the facts and in the circumstances of the case, the Hon’ble
ITAT was justified in law in directing the Commissioner of Income Tax,
Ghaziabad to grant registration u/s 12AA of the Act to the assessee ignoring
that the activities of the said Mandi Samiti are not charitable in nature within
the meaning of the provisions of section 2(15) of the Income Tax Act, 1961?
The aforesaid question of law came for consideration before the Division
Bench of Lucknow Bench of this Court in the case of the assessee itself in
Income Tax appeal nos. 80, 81, 82 and 83 of 2007 and Division Bench of this
Court sitting at Lucknow vide order dated 02.12.2009 answered the aforesaid
question in affirmative in favour of the assessee and against the revenue.
Respectfully following the said decision, the aforesaid question is answered in
favour of the assessee and against the revenue.
In view of the above, the appeal is, accordingly, dismissed.
Order Date :- 1.2.2010
kkg