1 D.B. INCOME TAX APPEAL NO.42/2013 Commissioner of Income Tax, Bikaner Vs. Krishi Upaj Mandi Samiti, Sri Bijaynagar DATE OF ORDER :: 18.2.2015 HON'BLE MR. JUSTICE GOVIND MATHUR HON'BLE MR. JUSTICE P.K. LOHRA Mr. K.K. Bissa, for appellant ... This appeal is preferred to question correctness of judgment dated 18.12.2012 passed by learned Income Tax Appellate Tribunal, Jodhpur Bench, Jodhpur. argument advanced by learned counsel for appellant is two-fold :- (1) that Income Tax Appellate Tribunal erred while remanding matter to Commissioner of Income Tax (Appeals) to examine case of assessee in light of exemption available as per Section 11(1)(a) of Income Tax Act, 1961 and (2) that Income Tax Appellate Tribunal erred while setting off excess expenditure in income of earlier years. We have examined judgment impugned. So far as first issue is concerned, it is relevant to note that assessee claimed exemption under Section 11(1)(a) of Income Tax Act, 1961 but Commissioner of Income Tax (Appeals) examined same in light of provisions of Section 11(2) of Act of 1961. Tribunal remanded matter with 2 direction to adjudicate entire matter afresh by taking into consideration provisions of Section 11(1)(a) of Act of 1961. In our considered opinion remand made by Tribunal is in accordance with law. other issue with regard to setting off of excess expenditure in income of earlier years is concerned, we are of opinion that finding arrived is based upon judgment of this Court. It is not in dispute that assessee is creation of statute and from inception that is charitable institution. It is also pertinent to notice that subsequent to year 2009 exemption as allowed by ITAT is available to assessee. In view of it, we do not find any just reason to interfere in instant matter being having no subsequent question of law involved. appeal is dismissed accordingly. [P.K. LOHRA], J. [GOVIND MATHUR], J. Sanjay Commissioner of Income-tax, Bikaner v. Krishi Upaj Mandi Samiti