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Commissioner of Income-tax Vs. Agricultural Market Committee - Court Judgment

LegalCrystal Citation
SubjectDirect Taxation
CourtAndhra Pradesh High Court
Decided On
Case NumberCase Referred No. 209 of 1976
Judge
Reported in[1983]143ITR1020(AP)
ActsIncome Tax Act, 1961 - Sections 10(20)
AppellantCommissioner of Income-tax
RespondentAgricultural Market Committee
Appellant AdvocateP. Rama Rao, Adv.
Respondent AdvocateY.V. Anjaneyulu, Adv.
Excerpt:
direct taxation - local authority - section 10 (20) of income tax act, 1961 - question involved that whether assessee is local authority within meaning of section 10 (20) - high court after referring to binding decision of division bench observed that assessee is local authority. - - 3. now, this view is well established by virtue of the decision of one of us (raghuvir j......by, theincome-tax appellate tribunal is whether the agricultural marketcommittee, cuddapah, is a local authority within the meaning of section 10(20)of the i.t. act, 1961.2. the income-tax appellate tribunal has taken the view that such a market committee is a local authority and is, therefore, exempt from tax.3. now, this view is well established by virtue of the decision of one of us (raghuvir j.) in w. p. no. 80/75 dated november 8, 1976, which has been affirmed by a division bench of this court on 17th of august, 1977, in w.a. no, 664/76 (budha veerinaidu v. state of andhra pradesh : [1983]143itr1021(ap) ). therefore, we answer this question by holding that the assessee is a local authority. the answer is thus against the revenue.4. since the two decisions declaring the law have.....
Judgment:

Sambasiva Rao, C.J.

1. The question referred for our opinion by, theIncome-tax Appellate Tribunal is whether the Agricultural MarketCommittee, Cuddapah, is a local authority within the meaning of Section 10(20)of the I.T. Act, 1961.

2. The Income-tax Appellate Tribunal has taken the view that such a market committee is a local authority and is, therefore, exempt from tax.

3. Now, this view is well established by virtue of the decision of one of us (Raghuvir J.) in W. P. No. 80/75 dated November 8, 1976, which has been affirmed by a Division Bench of this court on 17th of August, 1977, in W.A. No, 664/76 (Budha Veerinaidu v. State of Andhra Pradesh : [1983]143ITR1021(AP) ). Therefore, we answer this question by holding that the assessee is a local authority. The answer is thus against the Revenue.

4. Since the two decisions declaring the law have been rendered after the reference by the Appellate Tribunal, we direct the parties to bear their own costs.


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