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Assam Co-Operative Apex Marketing ... vs Addl. Commissioner Of Income-Tax on 13 July, 1976

The attention of this Court does not seem to have been drawn to the aforesaid decision while deciding Assam Cooperative Society's case. With respect, we, therefore, hold that the view taken therein requires reconsideration as stated earlier by us. In the result, the order of the Kerala High Court following the decision of this Court in Assam Cooperative Societies is reversed. We hold that the society engaged in the marketing of agricultural produce of its members would mean not only such societies which deal with the produce raised by the members who are individuals or societies which are members thereof who may have purchased such goods from the agriculturists. Thus, we allow the civil appeal by setting aside the order made by the High Court and answering the question referred to us in the affirmative in favour of the assessee and against t he revenue. There shall be no order as to costs.
Gauhati High Court Cites 5 - Cited by 24 - Full Document

Performing Right Society Ltd. & Anr vs Commissioner Of Income-Tax & Others on 10 August, 1976

In Meenachil Rubber Marketing and Processing Co- operative Society Limited vs. C.I.T. 193 I.T.R. 79, the Kerala High Court had occasion to examine this short question and it took the view that the provision had been incorporate bearing in mind that the exemption had been granted to encourage vital national activity in the nature of rural economy in the co-operative sector and therefore, the incorporated be placed on the provision should advance that intention. Explaining the meaning of marketing as was done by the Karnataka High Court to which we have adverted to earlier, the Kerala High Court was of the view that once the co-operative society buys the agricultural produce of the members of the society that buying is the first activity in the several links of the activities to constitute marketing by the co-operative society is entitled to exemption.
Supreme Court of India Cites 12 - Cited by 63 - A C Gupta - Full Document
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