Law:

Section:

Section 12A of the Income-tax Act, 1961 - Charitable or religious trust - Registration of - Assessee, an agricultural samiti applied for registration under section 12A - Whether since income received by samiti by way of cess and mandi fees was required to be spent as per scheme of Rajasthan Agriculture Produce Market Act, 1961 and far advancement of object of general public utility, in that view of matter, samiti would be entitled to be registered under section 12A - Held, yes CASE REVIEW CIT v. Market Committee [2007] 294 ITR 563 /[2008] 166 Taxman 392 (Punj. & Har.) [Para ] and CIT v. Agricultural Produce & Market Committee [2007] 291 ITR 419 / 163 Taxman 359 (Bom.) [Para 5] followed. Agricultural Produce Market Committee v. CIT [2006] 156 Taxman 286 /[2007] 294 ITR 549 (Delhi) [Para 6] distinguished. CASES REFERRED TO CIT v. Market Committee [2007] 294 ITR 563 /[2008] 166 Taxman 392 (Punj. & Har.) [Para 5], CIT v. Agricultural Produce & Market Committee [2007] 291 ITR 419 / 163 Taxman 359 (Bom.) [Para 5] and Agricultural Produce Market Committee v.CIT [2006] 156 Taxman 286/[2007] 294 ITR 549 (Delhi) [Para 6]. K.K. Bissa for the Appellant. L.R. Choudhary for the Respondent. JUDGMENT 1. This appeal has been filed by the Revenue against the order of the learned Tribunal. The appeal was admitted videorder dated July 23, 2007, by framing the following substantial questions of law : "1. Whether on the facts and in the circumstances of the case as well as in law the learned Tribunal was justified in condoning the delay in filing the application moved by the assessee-samiti under section 12A of the Income-tax Act, 1961 ? 2. Whether on the facts and in the circumstances of the case as well as in law the learned Tribunal was justified in directing to grant the registration under section 12A of the Act of 1961 to the assessee ? 3. Whether on the facts and in the circumstances of the case as well as in law the activities of the samiti are charitable as defined in section 2(15) read with sections 11 and 12 of the Act of 1961 ?" 2. From a look at the order it transpires that earlier the respondent-samiti was enjoying exemption by virtue of it being the…

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