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2008 Supreme(SC) 1259

S.H.KAPADIA, SUDERSHAN REDDY
Agricultural Produce Market Committee, Narela, Delhi – Appellant
Versus
Commissioner of Income Tax – Respondent


Advocates appeared:
For the Appellant :M.L. Verma, Sr. Adv., Mrs. Avnish Ahlawat, Pawan Chaudhary, Mrs. Rani Chhabra, Ms. Lalita Chaudhary, Ms. Simran Singh and Satya Mitra, Advocates.
For the Respondents:Parag Tripathi, ASG., P. VishwanathaShetty, Sr. Adv., Amey Nargolkar, Ms. Shweta Garg, Rahul Kaushik and B.V. Balaram Das, Advocates.

Judgment

S.H. Kapadia, J. —

1.Leave granted.

2.In this batch of civil appeals a short question which arises for determination is : whether Agricultural Market Committee (“AMC”, for short) is a “local authority” under the Explanation to Section 10(20) of the Income-tax Act, 1961 (“1961 Act”, for short).

3.For the sake of convenience we refer to the facts mentioned in Civil Appeal No. 5180 of 2008 (arising out of S.L.P. (C) No.6757 of 2007) filed by AMC, Narela, Delhi.

4.Appellant-Committee is established under the Delhi Agricultural Produce Marketing (Regulation) Act, 1998 (“1998 Act”, for short). The provisions of the said 1998 Act enjoin upon the appellant to provide the facilities for marketing of agricultural produce in Narela, Delhi. This is apart from performing other functions and duties such as superintendence, direction and control of markets for regulating the marketing of agricultural produce.

5.For the assessment year 2003-04, the appellant-Committee claimed exemption from payment of tax under income earned by it on the ground that it was a “local authority” within the meaning of Section 10(20) of the said 1961 Act. It relied upon the definition of “local authority” in Sectio
























































































































































































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