Rc/18/2000 Of Commissioner Of Income Tax Ap 11 Hyd v. Ap State Civil Supplies Corporation Hyd

THE HON’BLE SRI JUSTICE V.V.S.RAOANDTHE HON’BLE SRI JUSTICE B.N.RAO NALLA REFERRED CASE Nos.18 and 74 of 2000 Dated:04.01.2012 Between: Commissioner of Income Tax,A.P.II, Hyderabad. …Applicant and A.P.State Civil Supplies Corporation,Hyderabad. …Respondent THE HON’BLE SRI JUSTICE V.V.S.RAOANDTHE HON’BLE SRI JUSTICE B.N.RAO NALLA REFERRED CASE Nos.18 and 74 of 2000 COMMON ORDER:(Per Hon’ble Sri Justice V.V.S.Rao) In R.C.No.18 of 2000 at the instance of the Revenue, theIncome Tax Appellate Tribunal referred the following questionunder Section 256(1) of the Income Tax Act, 1961 (the Act), forthe opinion of this Court. Whether on the facts and in the circumstances of thecase, the A.P.State Civil Supplies Corporation Limited, is aCharitable Institution within the meaning of Sec.2(15) of theIncome Tax Act particularly having regard to the provisions ofSec.11(4A)(b) of the Act? In R.C.No.74 of 2000 the Appellate Tribunal referred thefollowing question under Section 256(1) of the Act for the opinionof this Court. Whether on the facts and in the circumstances of thecase, the ITAT is correct in law in holding that the assessee isa charitable institution within the meaning of Sec.2(15) of theI.T.Act and the income is exempt u/s.11 of the I.T.Act. During the course of submissions, it is brought to our noticethat in Commissioner of Income Tax v A.P. State Civil SuppliedCorporation (R.C.No.59 of 1992, dated 04.03.2003), a similarquestion was answered in the affirmative in favour of the assesseeand against the Revenue. Following the order in R.C.No.59 of 1992 the reference isanswered in the affirmative in favour of the assessee and againstthe Revenue. Referred Cases are disposed of accordingly. There shall beno order as to costs. _______________ (V.V.S.RAO, J) ____________________ (B.N.RAO NALLA, J)