Andhra HC (Pre-Telangana)
Commissioner Of Income-Tax vs M.L. Agroproducts Pvt. Ltd. on 20 December, 1990
Equivalent citations: [1992]197ITR485(AP)
Author: P. Venkatarama Reddi
Bench: P. Venkatarama Reddi
JUDGMENT
1. Following the decision of this court in Srikakollu Subba Rao and Co. v. Union of India , the Income-tax Appellate Tribunal declined to refer the following question, viz. :
"Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the provision for payment of cess of Rs. 2,20,904 to the Agricultural Market Committee, which is a local authority, was not a tax or duty, but only a fee and it was therefore not disallowable under section 43B of the Income-tax Act, 1961 ?",
2. for the decision of this court. It was held by this court in the above decision that the fee paid by an assessee to the Agricultural Market Committee was allowable under section 43B of the Income-tax Act. In view of that decision, the I. T. C. is dismissed.