Itta/57/2011 Of Commissioner Of Income Tax v. Agricultrual Market Committee

THE HONOURABLE SRI JUSTICEGODA RAGHURAMANDTHE HONOURABLE SRI JUSTICEN. RAVI SHANKAR ITTA No. 57 of 2011 Dated: 29-8-2011 Between Commissioner of Income Tax,Guntur And Agricultural Market Committee,Chenchupet …Petitioner …Respondent Oral Order:(Per Hon’ble Sri Justice Goda Raghuram) It is represented by the learned Senior Counsel for Income-TaxSri S.R. Ashok that in view of the judgment of this Court dated 27-6-2011 in ITTA No. 139 of 2011 this appeal is required to be allowed. By the judgment dated 27-6-2011, this Court has held, followingthe judgment of a Division Bench in ITTA Nos. 421 of 2010 and batchthat the provisions of Section 19(26AAB) of the Income Tax Act, 1961(for short ‘the Act’) are prospective in operation. In view of thedecision, the order of the ITAT dated 27-4-2010 in ITA Nos. 563/Viz/2009 dismissing by a common order,the appeals by the Revenue and confirming the order of theCommissioner of Income-Tax (Appeals), Guntur holding the provisionsof Clause (26AAB) of Section 10 of the Act to be declaratory andtherefore retrospective, cannot be sustained. In the aforesaid premise, the appeal is allowed. The order dated27-4-2010 of the ITAT in ITA Nos. 562/Viz/2009 and the order dated29-9-2009 of the Commissioner of Income-Tax in ITA No.0013/CIT(A)/GNT/2009-10 are set aside. No costs. ______________________ GODA RAGHURAM, J 29[th] August, 2011 GRR ______________________ N. RAVI SHANKAR, J