Commissioner Of Income Tax (Exemptions), Jaipur v. M/S Krishi Upaj Mandi Samiti, Sri Bijaynagar

HIGH COURT OF JUDICATURE FOR RAJASTHAN ATJODHPUR D.B. Income Tax Appeal No. 55/2016 Commissioner of Income Tax (Exemptions), Jaipur ----Appellant Versus M/s Krishi Upaj Mandi Samiti, Sri Bijaynagar ----Respondent For Appellant(s) : Mr. K.K. Bissa HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE DINESH MEHTAJudgment 07/01/2019 The present appeal has been admitted on 10.02.2017 andfollowing question of law has been formulated :- “Whether the Income Tax Appellate Tribunal, JodhpurBench, Jodhpur under the impugned judgment, is justifiedwhile deciding the appeal in the light of judgment given inthe case of M/s. Krishi Upaj Mandi Samiti (Grain),Sriganganagar and M/s. Krishi Upaj Mandi Samiti,Gajsinghpur in ITA Nos.124 & 125/Jodh/2014 date07.08.2014, ignoring the fact that there was non-compliance on the part of the assessee regardingsubmission of Form No.10 under Rule 17 of the Rules foraccumulation of income or exemption under Section 11(1)(a) of the Income Tax Act?” Today, we have dismissed connected appeal of theDepartment being DB Income Tax Appeal No.168/2018 involvingidentical question of law by a detailed order. In light of the reasoning given therein, the present appeal isdismissed. The question formulated aforesaid is answered in the manner that the Appellate Tribunal was justified in allowing the appealfiled by the assessee. . (DINESH MEHTA),J(SANGEET LODHA),J 26-ArunV/-