Itta/31/2011 Of Commissioner Of Income Tax-1 v. Agricultural Market Committee

THE HON'BLE SRI JUSTICE V.V.S. RAOAND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN I.T.T.A.Nos.1,5,8,9,13,14,15,16,18, 19,21,23,26,29,30 and 31 of 2011 Date:04.03.2011 Between: Commissioner of Income Tax-1, Visakhapatnam ..Appellant And Agricultural Market Committee, Kurupam and others ..Respondents COMMON JUDGMENT: (Per VVSR, J) All these appeals are by the revenue against the orders passed bythe Income Tax Appellate Tribunal directing the jurisdictional Commissionerto grant registration to the respondent Agricultural Market Committees(AMCs) under Section 12A/12AA of the Income Tax Act, 1961 (for short ‘theAct’). Be it noted that the respondent AMCs, which were availingexemption under Section 10(20) of the Act, were denied the same afteramendment was affected to the said provision. Therefore they had appliedto the jurisdictional Commissioner seeking registration under Section12A/12AA of the Act, which was denied. Against this order they had filedappeals before the Tribunal. The question whether the respondent AMCs can be treated asinstitutions for ‘charitable purpose’, under the meaning of Section 2(15) ofthe Act, has been considered by us in similar matters in I.T.T.A.No.251 of2008 and batch vide common judgment dated 01.03.2011. We have takenthe view that all the AMCs established/constituted under the AndhraPradesh (Agricultural Produce and Livestock) Markets Act, 1966, comewithin the purview of ‘charitable purpose’ and they need to be registeredunder Section 12A/12AA of the Act. Following the same, these appeals are dismissed without any orderas to costs. ____________ V.V.S. RAO, J ______________________ RAMESH RANGANATHAN, J 04[th] March, 2011 GHN