The Commissioner Of Income Tax v. Agricultural Produce And Marketing Committee, Reported In,291 Itr 419

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,BENCH AT AURANGABAD.APPELLATE SIDE JURISDICTION INCOME TAX APPEAL NO. 4 OF 2013 THE COMMISSIONER OF INCOME TAX-1, PUNEVERSUSSETU, AHMEDNAGAR ... Advocate for Appellant : Mr. D.V. Soman.Advocate for Respondent : Mr. R.N.Dhorde, Senior Counsel. ... P.C.: CORAM :A.V. NIRGUDE andV.L. ACHLIYA, JJ.DATE :24[th] November, 2014. .This appeal challenges the judgment and order dated 29[th] June,2012, passed by the Income Tax Appellate Tribunal, Pune Bench “A”,Pune on ITA No.123/PN/2011, where the Respondent was the Appellant.The question before the Appellate Tribunal was, whether the Respondent– Assessee is entitled to registration under Section 12A of the IncomeTax Act. The application came to be rejected mainly on the ground thatthe activity of the Assessee was in the nature of trade, commerce orbusiness. The Appellate Tribunal, however, held on facts that thepredominant purpose of the Respondent – Trust is charitable and ifincidentally some profit is made and same is used again for charitablepurpose, the Assessee does not cease to be established for charitablepurpose. This view is based on the judgment of this Court in the case ofCIT Vs. Agricultural Produce and Marketing Committee, reported in,291 ITR 419. 2Having regard to the facts of this case, we have no doubt that thefinding recorded by the Tribunal below is correct. Since this issue was ndm properly decided, this appeal does not give rise to any substantialquestion of law. We are not disturbing the other findings recorded by theTribunal wherein the Tribunal considered it necessary to remand the caseback to CIT. 3The Appeal stands disposed of accordingly. [ V.L. ACHLIYA, J. ] [ A.V. NIRGUDE, J. ]