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Case Law Details

Case Name : CIT Vs Krishi Utpadan Handi Samiti (Allahabad High Court)
Appeal Number : ITA Nos. 80 to 83 of 2007
Date of Judgement/Order : 02/12/2009
Related Assessment Year :
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RELEVANT PARAGRAPH

28. It is an admitted fact that the assessees were created under the Krishi Utpadan Mandi Adhiniyam, 1964. Section 12 of the said Act provides for establishment and incorporation of Committee (Samiti), the same reads as follows:-

“12. Establishment and incorporation of Committee.-

(1) For every Market Area there shall be a Committee to be called the Mandi Samiti of that Market Area, which shall be a body corporate having perpetual succession, and an official seal and, subject to such restrictions for qualifications, if any, as may be imposed by this or any other enactment, may sue or be sued in its corporate name and acquire, hold and dispose of property and enter into contract: Provided that the Committee shall not transfer any immovable property except in accordance with a resolution duly passed at any of its meetings by a majority of not less than three fourths of the total number of its members and with the previous approval in writing of [the Board].

(2) The Committee shall be deemed to be a local authority for the purposes of Land Acquisition Act, 1894 [and any other law for the time being in force]”.

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