Commissioner Of Income Tax, Bikaner v. Krishi Upaj Mandi Samiti, Suratgarh

D.B. INCOME TAX APPEAL NO.147/2014 Commissioner of Income Tax, BikanerVs.Krishi Upaj Mandi Samiti, Suratgarh DATE OF ORDER : 17.11.2015 HON'BLE MR. JUSTICE GOVIND MATHURHON'BLE MISS JUSTICE JAISHREE THAKUR Mr. K.K. Bissa, for the appellant ... This appeal is preferred to question correctness of thejudgment dated 25.02.2014 passed by learned Income TaxAppellate Tribunal, Jodhpur Bench, Jodhpur. The argument advanced by learned counsel for the appellantis two-fold:- (1) that the Income Tax Appellate Tribunal erred whileremanding the matter to the Commissioner of Income Tax Appeals)to examine case of assessee in light of exemption available as perSection 11 (1) (a) of the Income Tax Act, 1961 and (2) that theIncome Tax Appellate Tribunal erred while setting off excessexpenditure in income of earlier years. We have examined the judgment impugned. So far as the first issue is concerned, it is relevant to notethat the assessee claimed exemption under Section 11 (1) (a) ofthe Income Tax Act, 1961 but the Commissioner of Income Tax(Appeals) examined the same in light of provisions of Section 11 (2)of the Act of 1961. The Tribunal remanded the matter with a Sanjay direction to adjudicate the entire matter afresh by taking intoconsideration the provisions of section 11 (1) (a) of the Act of 1961.In our considered opinion the remand made by the Tribunal is inaccordance with law. The other issue with regard to setting off theexcess expenditure in income of earlier years is concerned, we areof the opinion that the finding arrived is based upon the judgmentof this Court. It is not in dispute that the Krishi Upaj Mandi Samiti,the assessee, is creation of a statute and from inception that is acharitable institution. It is also pertinent to notice that subsequentto the year 2009, the exemption as allowed by ITAT is available tothe assessee. In view of it, we do not find any just reason tointerfere in the instant matter being having no subsequent questionof law involved. The appeal is dismissed accordingly. , J. , J.