Commissioner of Income-tax v. Agriculture Produce Market
[Citation -2017-LL-1122-1]
| Citation | 2017-LL-1122-1 |
|---|---|
| Appellant Name | Commissioner of Income-tax |
| Respondent Name | Agriculture Produce Market |
| Court | HIGH COURT OF DELHI AT NEW DELHI |
| Relevant Act | Income-tax |
| Date of Order | 22/11/2017 |
| Judgment | View Judgment |
| Keyword Tags | local authority • question of law • marketing of agricultural produce |
| Bot Summary: | CORAM: HON'BLE MR. JUSTICE S. RAVINDRA BHAT HON'BLE MR. JUSTICE SANJEEV SACHDEVA ORDER 22.11.2017 The question of law framed in this case is: Whether the respondent/assessee APMC was a local authority, having regard to the amendment made in 2002 by insertion of explanation to Section 10(20) of the Income Tax Act, 1961 This Court had previously in a judgment reported as Commissioner of Income Tax v. Agricultural Marketing Produce Committee 2001 ITR 369 held that the assessee is in fact a local authority. The question of law does not need to be answered because by Circular No. 8/2002 issued on 27.08.2002, the Central Board of Direct Taxes instructed all the adjudicatory authorities that the amendment of the law as existed previously is deemed to be prospective and not clarificatory. The question of law is answered against the Revenue appellant and in favour of the assessee. |