Supreme Court of India

Commissioner of Income Tax-ii v. M/s. Krishi Utpadan Mandi Samiti

Neutral citation
Reported as [2012] 8 S.C.R. 934
Decided 27 September 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

We hold that the transfer of the amounts by Mandi Samiti constituted application of income under Section 11 (1 )(a) of 1961 Act.

Judgment, page 11

From the headnote

Income Tax Act, 1961: ss.11(1)(a) and 2(15) - Assessee-Market Committee established under State Krishi Utpadan Mandi Adhiniyam and registered uls. 12AA of 1961 Act - Statutorily required to transfer its funds to Mandi Parishad (another institution established under the Adhiniyam) - Transfer of the funds 0 whether would constitute application of income for charitable purpose within meaning of s. 11 (1 )(a) - Held: The Adhiniyam was enacted for advancement of the object of general public utility in terms of s. 2(15) of 1961 Act - The transfer by the assessee would constitute application of its

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