Rc/98/1996 Of A.p.state Essential Commodities Corproation Ltd v. Commissioner Of Income Tax

THE HON’BLE SRI JUSTICE GODA RAGHURAMAND THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Dated this the 24[th] August 2009 R.C. No. 98 of 1996 Between: A.P. State Essential Commodities Corporation Limited, Hydrabad. ……..Applicant and The Commissioner of Income Tax, Hyderabad. ……..Respondent. THE HON’BLE SRI JUSTICE GODA RAGHURAMANDTHE HON’BLE SRI JUSTICE RAMESH RANGANATHAN R.C.No. 98 of 1996 ORAL ORDER: (Per RR.J) This reference is at the instance of the assessee. The followingquestions are referred for our opinion: 1)“Whether on the facts and in the circumstances of the case, theAndhra Pradesh State Essential Commodities Corporation Ltd., is a“Local Authority”, within the meaning of Section 10(2)) of the IndianIncome Tax Act 1961 and its income, if any assessable, is exempt?”Andhra Pradesh State Essential Commodities Corporation Ltd., is a“Local Authority”, within the meaning of Section 10(2)) of the IndianIncome Tax Act 1961 and its income, if any assessable, is exempt?” 2)“Whether on the facts and in the circumstances of the case, theAndhra Pradesh State Essential Commodities Corporation Ltd.,deriving income, if any, from processing or facilitating the marketingof commodities, is exempt under Section 10(29) of the Indian IncomeTax Act 1961?”Andhra Pradesh State Essential Commodities Corporation Ltd.,deriving income, if any, from processing or facilitating the marketingof commodities, is exempt under Section 10(29) of the Indian IncomeTax Act 1961?” 3)“Whether on the facts and in the circumstances of the case, theincome, if any, of the Andhra Pradesh State Essential CommoditiesCorporation Ltd., under Section 3 of the Indian Income Tax Act1961?”income, if any, of the Andhra Pradesh State Essential CommoditiesCorporation Ltd., under Section 3 of the Indian Income Tax Act1961?” Sri. S.Ravi, learned Counsel for the assessee has brought to our noticean order of a Division Bench of this Court in R.C.No. 76 of 1994 dt. 9.3.2006wherein the very same assessee was held to be a charitable institutionexempted from tax under Section 11 of the Income Tax Act. LearnedCounsel would submit that, in view of the order in R.C.No. 76 of 1994 dt.9.3.2006, the questions referred for opinion in R.C.No. 98 of 1996 need notbe answered. Recording the submission of the Learned counsel, we decline to answerthe reference. R.C.No. 98 of 1996 is accordingly dismissed. No order asto costs. ____________________ GODA RAGHURAM,J ___________________________ RAMESH RANGANATHAN,J 24.8.2009.KRB. THE HON’BLE SRI JUSTICE GODA RAGHURAMANDTHE HON’BLE SRI JUSTICE RAMESH RANGANATHAN R.C. No. 98 of 1996 Dated: 24.8.2009