D.b.income Tax Appeal v. Krishi Upaj Mandi Samiti, Kuchaman City

IN THE HIGH COURT OF JUDICATURE FORRAJASTHAN AT JODHPUR D.B.INCOME TAX APPEAL NO. 184 / 2011Commissioner of Income Tax-II ----Appellant Versus Krishi Upaj Mandi Samiti, Kuchaman City ----Respondent __________________________________________ For Appellant : Mr. K.K. BissaFor Respondent : Mr. Rajesh Choudhary__________________________________________HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA Judgment 28/11/2016 By the order dated 13.01.2012, this courtwhile admitting the appeal framed the followingquestions of law :- (i) Whether the Tribunal was justified inholding that the assessee is entitled toexemption from tax despite not complyingwith the terms and conditions for grant ofexemption as provided under Sections 11and 12 of the Income Tax Act, 1961 ? (ii) Whether Tribunal was justified in (2 of 2) holding that the provisions of Section 40(a)(ia) read with Section 194C are notapplicable to the respondent assessee ? (iii) Whether mere grant of registrationunder Section 12A of the Income Tax Act,1961 entitles grant of exemption from taxdespite not fulfilling the terms andconditions of exemption provided underSection 11 and 12 of the Income Tax Act,1961 ? All the questions referred above havealready been answered by a Division Bench of thiscourt in a batch of appeals led by D.B. Income TaxAppeal No.52/2012 (The Commissioner of Income Tax(T.D.S) Jaipur Vs. M/s. Krishi Upaj Mandi Samiti (F&V),Muhana, Jaipur) decided on 23.05.2013. The instant appeal is also disposed of interms of the judgment referred above. (SANJEEV PRAKASH SHARMA)J. (GOVIND MATHUR)J. Pramod