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TMI Blog2011 (3) TMI 1265X X X X Extracts X X X X X X X X Extracts X X X X ..... s 11(1) and 12 provided they are considered as institutions established for advancement of objects of general public utility. Applying the law, as laid down by the Supreme Court in the above cited precedents, we are convinced that an AMC, constituted under the enactment of the State Legislature, is deriving income from property held under legal obligation for a charitable purpose to wit the advancement of general object of utility. It is, therefore, entitled to be registered u/s 12A/12AA to enable an AMC to claim exemption as per law. Therefore, denial of registration to the agricultural market committees constituted u/s 4(1) of the Andhra Pradesh (Agri-cultural Produce and Livestock) Markets Act, 1966 is erroneous and ITAT has correctly applied the law in reversing the decision of the CIT. - ITA NO 111-113/10, ITA NO 16/10, ITA NO 251/10, ITA NO 315/10, ITA NO 318/10, ITA NO 319/10, ITA NO 328/10, ITA NO 333/10, ITA NO 335/10, ITA NO 54/10 - - - Dated:- 1-3-2011 - RAO V. V. S. and RAMESH RANGANATHAN, JJ. Judgment: V. V. S. Rao J.- Introduction 1. Whether an agricultural market committee constituted by the Govern-ment of Andhra Pradesh under secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ebruary 28, 2007, the appeals were allowed directing the Commissioner of Income-tax to grant registration to AMCs under section 12A of the Income-tax Act. Contentions 4. The senior counsel for the Income-tax Department submits that the amendment of section 10(20) by the Finance Act, 2002, indicates that the object is to widen the tax base by restricting the benefit only to local self-governments which come within the purview of article 243 of the Consti-tution of India. Therefore, AMCs cannot be given the benefit of exemption, which have been permitted under section 10(20) prior to amendment with effect from April 1, 2003. The Tribunal lost sight of the Finance Act, 2002 and the benefit which has been taken away by Parliament cannot be con-ferred by treating AMCs as institutions established for charitable purpose under section 2(15) of the Income-tax Act. He would urge that the AMC can neither be termed a "trust" nor an "institution" within the purview of sections 12A and 12AA of the Income-tax Act and, therefore, grant of registration for the purpose of exemption does not arise. 5. It is nextly contended that an AMC, constituted under section 4(1) of the AMC Act do ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Gujarat Maritime Board, CIT v. Krishi Upaj Mandi Samiti (No. 1) [2009] 308 ITR 380 (MP) and CIT v. Krishi Upaj Mandi Samiti (No. 2) [2009] 308 ITR 401 (MP). Point for consideration 7. The main point for consideration is whether the AMCs constituted by the Government of Andhra Pradesh under section 4 of the AMC Act are institutions established for advancement of the object of general public utility and, therefore, exist for charitable purpose. All other questions are incidental to the main question and are adverted to at the appropriate place. Analysis of the provisions of the Income-tax Act 8. Section 2(15) prior to amendment with effect from April 1, 2009, by the Finance Act, 2008, reads as under. "2.(15) 'charitable purpose' includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility." 9. Section 2(15) was substituted by the Finance Act, 2008. After that, it reads as under : "2.(15) 'charitable purpose' includes relief of the poor, education, medical relief, and the advancement of any other object of general public utility : Provided that the advancement of any other object of ge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rtakings and industrial undertakings in the North Eastern Region. These permit deduction of the whole or a part of the profits for certain period while computing the total income for the purpose of levy of tax. By the very nature of the benefit conferred, it is for the asses-see to discharge the onus by showing that a particular item of income falls within a specified provision. 12. The third group of provisions is sections 13A and 13B. These relate to the incomes of political parties or income relating to voluntary contribu-tions received by an electoral trust. The fourth group of provisions is sec-tions 11 to 13. These deal with income from property held for charitable or religious purposes. Section 11(1) and (5) as well section 12A, to the extent relevant, read as under : 11. Income from property held for charitable or religious pur-poses.-(1) Subject to the provisions of sections 60 to 63, the follow-ing income shall not be included in the total income of the previous year of the person in receipt of the income- (a) income derived from property held under trust wholly for charitable or religious purposes, to the extent to which such income is applied to such purpo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 11 and section 12 shall not apply in relation to the income of any trust or institution unless the following conditions are fulfilled, namely :- (a) the person in receipt of the income has made an application for registration of the trust or institution in the prescribed form and in the prescribed manner to the Commissioner before the 1st day of July, 1973, or before the expiry of a period of one year from the date of the creation of the trust or the establishment of the institution, whichever is later, and such trust or institution is registered under section 12AA : Provided that where an application for registration of the trust or institution is made after the expiry of the period aforesaid, the pro-visions of sections 11 and 12 shall apply in relation to the income of such trust or institution,- (i) from the date of the creation of the trust or the establishment of the institution if the Commissioner is, for reasons to be recorded in writing, satisfied that the person in receipt of the income was pre-vented from making the application before the expiry of the period aforesaid for sufficient reasons ; (ii) from the 1st day of the financial year in which the applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2 exempts voluntary contributions received by a trust created for chari-table purposes from the total income. The benefit of section 11 and/or 12 can be claimed only when the conditions as stipulated under section 12A are satisfied. One such condition is that a person in receipt of the income has to apply for registration of the trust or institution in the prescribed form on or before the expiry of a period of one year from the date of creation of the trust or establishment of institution. The proviso to section 12A(1) confers power on the Commissioner to entertain an application under sec-tion 12A(1) even after the expiry of period of one year if he is satisfied that the person was prevented from making an application before the expiry of period of one year for sufficient reasons. 14. Section 11(5) requires every trust or institution for a charitable purpose to invest or deposit the money only in the manner provided therein, inter alia, investment in savings certificates as defined in the Government Savings Certificates Act, 1959, deposit with the Post Office Savings Bank, deposit in any account with the scheduled bank, i.e., Reserve Bank of India or its subsidiary bank or a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... an overview of the AMC Act in paragraphs 11 to 15. Instead of this court again giving an overview of the Andhra Pradesh AMC Act, it is useful to extract these paragraphs hereunder : "11. The object and purpose of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966, as reflected in the long title is to consolidate and amend the law relating to the regulation of purchase and sale of agricultural produce, livestock and products of livestock and the establishment of markets in connection therewith. The legislation is designed to eliminate middlemen in notified agri-cultural produce, livestock and products of livestock, to protect the producers of such agricultural produce, livestock and products of live-stock from exploitation and to ensure to them a fair price for their pro-duce. The material provisions of the Act may be referred to section 2 is the definition clause and defines the expression 'agricultural pro-duce' in clause (i) to mean anything produced from land in the course of agriculture or horticulture and includes forest produce or any pro-duce of like nature either processed or unprocessed and declared by the Government by notification to be agricul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmittee under and for purposes of the Act have to be defrayed out of the said Fund and any surplus remaining after such expenditure, has to be invested in such manner as may be prescribed. Under sub-section (2), every market committee has to pay to the State Govern-ment out of its Fund the cost of any special or additional staff employed by the Government with their consultation. Where such additional staff is employed for the purposes of one or more market committee, the State Government has to apportion the cost of such special or additional staff among the market committees concerned in such manner as they think fit. Under sub-section (3), the market committee may grant loans to another market committee out of its surplus funds, with the previous sanction of the State Government, at such rates of interest as may be prescribed. The purposes for which the Market Committee Fund may be expended are set out in section 15 which reads : '(i) the acquisition of site for the market ; (ii) the establishment, maintenance and improvement of the market ; (iii) the construction and maintenance of buildings, necessary for the market and for the health convenience and safety of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... anted by the Government for develop-ment purposes ; and (iv) such other similar or allied purposes as may be specified by the Government by general or special order.' 14. In exercise of the powers conferred by section 33 of the Act, the State Government of Andhra Pradesh have framed the Andhra Pradesh (Agricultural Produce and Livestock) Markets Rules, 1969. Chapter IV of the Rules deals with the powers and functions of the market committees and Chapter V deals with the regulation of trading. Chapter VI relates to the levy and collection of market fee, Chapter VII regulates the manner in which the Market Committee Fund shall be maintained and Chapter VIII the manner in which the market committees shall function. The Act and the Rules provide for a complete scheme for the establishment and regulation of markets for the purchase and sale of notified agricultural produce, livestock and products of livestock in the State of Andhra Pradesh. We are here concerned with Chapter V. 15. Marketing legislation which seeks to enable producers to get a fair price for the commodities by eliminating middlemen and provid-ing a regulated market, cannot be said to impose 'unreasonable res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tuted for a charitable purpose, i.e., for the advancement of an object of general public utility ? Analysis of the order of the CIT and the ITAT 21. The Commissioner of Income-tax considered the applications of the respondent-AMCs elaborately referring to various provisions of the AMC Act, and came to the conclusion that the AMC has the essential attributes of "local authority" and is a "person" as defined in section 2(31) of the Income-tax Act. He then accepts the position that prior to April 1, 2003, assuming the status of local authority under section 10(20) and as an authority constituted under section 10(29), they availed of exemption. But, after deletion of section 10(29) and amendment of section 10(20) giving a restricted meaning of "local authority", AMC went out of the category of local authorities, and, therefore, they cannot seek registration under section 12AA of the Income-tax Act. It is also the view of the Commissioner of Income-tax that the Legislature's intention is not to extend the benefit of exemption to local authority under sections 11 to 13 and, therefore, when once the AMC ceases to be a local authority, it cannot again seek exemp-tion under these ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , is not to extend that benefit any more. (iii) The receipts of the applicant do not constitute voluntary con-tributions. Receipts like market fee and licence fee are collectible on the strength of statutory sanction and there does exist an element of quid pro quo in these levies. Facilities provided are thus duly and appropriately changed and therefore the element of charity cannot be attributed to the endeavour of the applicant. (iv) The scheme of sections 11 to 13 in general and the restrictive provisions of section 13 in particular cannot be made applicable to the case of a local authority like the applicant. The basic incentive of tax exemption under the scheme of the provisions of the Income-tax Act, 1961, cannot be intended for utilization of public property and the applicant of income of pubic property administered through Govern-ment or its agencies reaching the people as a whole. (v) The absence of profit motive in the functioning of the market committee (which is put forth by the applicant as an argument in support of its claim for exemption) by itself does not create an enti-tlement for absolute exemption from the charge of income-tax in respect of the income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and had created three separate trusts to be administered by a committee of trustees. One for running an arts college, the second for running a public library and the third for running the Tribune Press and newspapers in Lahore. After the death of the testator, the claim of the Tribune Press for exemption of its profits from tax was referred to the High Court as to whether the income of the press could be assessed under the Indian Income-tax Act and, if so, is it not exempt under section 4(3)(i) of the Indian Income-tax Act. On a difference of opinion between the judges of the Division Bench, the matter was referred to the Full Bench which held that the income was not exempt. The question before the Privy Council was whether the Tribune Press was for advancement of an object of general public utility. While observing that the courts have to pronounce whether any particular object of a bounty falls within the definition ; but they must in general apply the standard of customary law and common opinion amongst the community to which the parties interested belong, the court held as follows (page 423) : "It cannot in their Lordships' opinion be regarded as an element necessarily pre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... remain charitable even if an incidental entry into the political domain for achieving that purpose, e.g., promotion of or opposition to legislation concerning that purpose, is contemplated." 25. In Surat Art Silk [1980] 121 ITR 1 (SC), a Constitution Bench of the Supreme Court interpreting the words "not involving the carrying on of any activity for profit" occurring in section 2(15) (as it existed), held that the test of predominant object has to be applied while deciding whether an entity is a charitable trust/institution and that profit making by such insti-tution is not excluded. The relevant observations are as follows (page 33) : "Therefore, for a purpose to fall under the fourth head of 'chari-table purpose', it must constitute the advancement of an object of general public utility in which the activity of advancement must not involve a profit making activity. The word 'involving' in the restrictive clause is not without significance. An activity is involved in the advancement of an object when it is enwrapped or enveloped in the activity of advancement. In another case, it may be interwoven into the activity of advancement, so that the resulting activity has a du ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of making profit is made abundantly clear by the provisions of section 30 under which, prior to the amendment of that section by the Amendment Act of 1959, the balance of income left, after utilization of the net profits for the purpose set out in section 30, was to be made over to the State Government for the purpose of road development and after the Amendment Act of 1959 is to be utilized for financing the expansion programmes of the respondent-corporation and the remainder, if any, is to be made over to the State Government for the purpose of road development. As pointed out by this court in Andhra Pradesh State Road Transport Corporation v. ITO [1964] 52 ITR 524 (SC), the amount handed over to the State Government does not become a part of the general revenues of the State but is impressed with an obligation that it should be utilized only for the purpose for which it is entrusted, namely, road development. It is not, and cannot be, dis-puted that road development is an object of general public utility." 27. Agricultural Produce and Market Committee [2007] 291 ITR 419 (Bom) is a case wherein the Bombay High Court considered the question whether market committees constitu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m of the assessee cannot be con-sidered for grant of tax exemption in some other provisions of the Income-tax Act. The relevant observations are as follows (page 584) : "It is apparent from the duties and responsibilities of the market committees, delineated in the foregoing two paragraphs, that a market committee, in the background of the provisions of the Markets Act, should be treated as a body, discharging 'legal obliga-tion'(s) within the meaning of section 13(7) of the Income-tax Act. The duties and responsibilities discharged by a market committee, envisaged under the provisions of the Markets Act, referred to above, also lead us to conclude, that the activities of a market committee can be included within the definition of the term 'charitable purpose', defined by section 2(15) of the Income-tax Act. The instant conclu-sion is inevitable from a cumulative reading and interpretation of sec-tions 13, 26 and 28 of the Markets Act (analysed in paragraphs 3, 4 and 5 hereinabove). Briefly stated, it may be noticed, that the obli-gations discharged by a market committee include the regulation of purchase, sale, storage and processing of agricultural produce with the intention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r rejected the application. The Tribunal as well as the High Court of Gujarat held that the Maritime Board is a charitable institution. The Supreme Court, while construing section 2(15) and section 11(1), relied on Andhra Chamber of Commerce [1965] 55 ITR 722 (SC), Surat Art Silk [1980] 121 ITR 1 (SC) and APSRTC [1986] 159 ITR 1 (SC) and held that Maritime Board is entitled to be registered as a "charitable trust" under section 12A of the Act. The relevant observations are as follows (pages 566 and 567) : "For the purposes of this section 'property held under trust' includes a business undertaking so held, and where a claim is made that the income of any such undertaking shall not be included in the total income of the persons in receipt thereof, the assessing officer shall have power to determine the income of such undertaking in accordance with the provisions of this Act relating to assessment ; and where any income so determined is in excess of the income as shown in the accounts of the undertaking, such excess shall be deemed to be applied to purposes other than charitable or religious purposes. According to section 2(15), the expression 'charitable purpose' has been de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, but not so if it seeks to pro-mote the interest of those who conduct the said trade or industry (CIT v. Andhra Chamber of Commerce [1965] 55 ITR 722 (SC)). If the primary or predominant object of an institution is charitable, any other object which might not be charitable but which is ancillary or incidental to the dominant purpose, would not prevent the institution from being a valid charity (Addl. CIT v. Surat Art Silk Cloth Manufacturers Association [1980] 121 ITR 1 (SC)." 30. The Bombay, Madhya Pradesh and Punjab and Haryana High Courts, while interpreting the respective enactments, held that the activity carried on by AMCs come within the ambit and scope of activity for "advancement of any other object of general public utility". All the decisions rely on Andhra Chamber of Commerce [1965] 55 ITR 722 (SC), APSRTC [1986] 159 ITR 1 (SC) and Gujarat Maritime Board [2007] 295 ITR 561 (SC). 31. The Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (M. P. Act, for brevity) refers to the establishment of market committees, confers powers and functions on such committees and prescribes the method and manner of administering the finances of the market committees. After the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ritable purposes as required by sub-section (2) of sec-tion 11. The marketing committees are bound to spend their income as per section 39 of the 1972 Adhiniyam and as per the said section, the amount could be spent only for public amenities like construction of roads, market, etc. Section 2(15) of the Income-tax Act provides that if the amount is spent towards public amenities, it will be deemed that the amount is spent for charitable purposes. Hence, by virtue of section 2(15) of the Income-tax Act, it will have to be deemed that the amount spent by the marketing committees is spent towards public purposes. " 32. Yet again in Krishi Upaj Mandi Samiti (No. 2) [2009] 308 ITR 401 (MP), another Division Bench of the M. P. High Court reiterated the earlier view and held that, "the market committees fulfil the requirements of sections 12A and 12AA and are, therefore, entitled to registration under the said provisions". Findings and reasons (i) Whether AMC is a "person" ? 33. Section 2(31) of the Income-tax Act defines "person" in an inclusive manner. It has to be given a broader meaning. Seven categories of persons are mentioned in section 2(31). These are natural p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. [1944] 1 All ER 119 (KB), it was held that a body corporate is a person with attribute of mind inca-pable of knowing and forming an intention. The relevant observations are as under (page 572 of 263 ITR) : "The law on the subject in England also has come round to the position that a company can be prosecuted for the acts done by its responsible officers. This question was considered in considerable detail in Director of Public Prosecutions v. Kent and Sussex Contrac-tors Ltd. [1944] 1 All ER 119 (KB). The respondents here were a limited company and an officer thereof. Both were charged with offences under the Defence (General) Regulations in that with intent to deceive, they produced documents and furnished information for the purposes of the Motor Fuel Rationing Order which were false in material particulars. The returns were signed by the transport manager of the company. The respondents contended that the offences charged required for their commission an act of will or state of mind which a body corporate could not have. It was held by Macnaghten J : 'A body corporate is a "person" to whom, amongst the various attributes it may have, there should be imputed the attrib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which accrues or arises from the supply of a commodity or service (not being water or electricity) within its own jurisdictional area or from the sup-ply of water or electricity within or outside its own jurisdictional area. Explanation.-For the purposes of this clause, the expression 'local authority' means- (i) Panchayat as referred to in clause (d) of article 243 of the Con-stitution ; or (ii) Municipality as referred to in clause (e) of article 243P of the Constitution ; or (iii) Municipal Committee and District Board, legally entitled to, or entrusted by the Government with, the control or management of a Municipal or local fund, or (iv) Cantonment Board as defined in section 3 of the Canton-ments Act, 1924." 37. The Revenue contends that the expression "local authority" as defined to mean units of self-government referred to in articles 243 and 243P of the Constitution, as well as Cantonment Boards, are alone "local authorities" and, therefore, AMCs ceased to be local authorities. The senior counsel would like this court to infer the intention of Parliament by so doing to increase the tax base. According to him, except the local authorities defined i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of tax under sections 10, 11 and 12 of the Income-tax Act are independent of one another, as well as, other provisions of the Income-tax Act, under which an assessee can claim tax exemption. It is submitted that merely because an assessee is not entitled to claim exemption under one (or even two) of the aforesaid provisions, cannot ipso facto lead to the conclusion that the claim of the assessee cannot be considered for grant of tax exemption under some other provisions of the Income-tax Act. In view of the decision rendered by the apex court in Kerala State Co-operative Marketing Federation Ltd. v. CIT [1998] 231 ITR 814 (SC), it is not possible for us to accept that section 10(20) of the Income-tax Act ; after the same came to be amended, so as to exclude 'local authority' (s) from the benefit of tax exemption, would render the market com-mittees ineligible for tax exemption under other provisions of the Income-tax Act. It must necessarily further be concluded that although market committees are not entitled to (or eligible for) tax exemption under section 10(20) of the Income-tax Act, yet a claim of exemption is still open to consideration under an alternate provision, if made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of the AMC made by the market committee under section 34 of the AMC Act read with rule 45 of the Rules. Section 7 prohibits any person to set up a place for the purchase, sale, storage, weighment, curing or processing of any agricultural produce or livestock unless he obtains a licence. Rule 48 requires a person to pay the licence fee as prescribed by the Rules. In addi-tion, the brokers, carting or clearing agents and other persons working in the market have to pay licence fee. The market fees and fees collected for granting various licences shall form the market committee fund and out of this, ten per cent. of annual accumulations shall be contributed to the Cen-tral Market Fund (sections 14 and 16 of the AMC Act). Under section 18 of the AMC Act, the market committee with the previous sanction of the Government may borrow money for carrying out purposes for which it is constituted on the security of any property belonging to it or any fees leviable by it under the AMC Act. Further, for the purpose of meeting the initial expenditure on lands, buildings and equipment, an AMC may obtain loan from the Government. The income thus derived by the market com-mittee mainly includes the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f to such a use that the public generally, or that part of the public which has been served and has accepted the service, has the right to demand that the use or service, as long as it is continued shall be conducted with reasonable efficiency and under proper charges. The term is sometimes used in an extended sense to include a great many matters of general welfare to the State and its commu-nities." 44. The words "public utility" or "general public utility" are not capable of a precise meaning. The question whether a service is of public utility or not has to be discharged in the context of different situations but it is, as con-sidered infra, well settled that public utility means public purpose depend-ing upon the context in which it is used in the statute or the Rules. Indeed, in some decisions, public utility is considered very similar to one for public purpose (Hunter v. A. G. [1909] AC 323, Babu Barkya Thakur v. State of Bombay, AIR 1960 SC 1203 and Pandit Jhandu Lal v. State of Punjab, AIR 1961 SC 343. 45. In cases arising under the Indian Income-tax Act, 1922 as well as the 1961 Act, it is held that the expression "object of general public utility" must be con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, electricity, auction/trading platforms, facilities for receiving, paying and depositing money, and resolving disputes. Thirdly, the income of the AMC from different sources - licence fees, market fees, loans, etc., which is derived without any profit motive is to be used to meet the expenditure for providing market facilities named supra. Fourthly, all the income has to be deposited in the market committee fund, out of which ten per cent. shall be contributed to the Central Market Fund which shall vest in the Government, which exercises power of supervision and superintendence over the market committees. The Government administers and applies the Central Market Fund inter alia for providing grants to needy AMCs. Fifthly, AMCs serve an important aspect of rural economy, i.e., providing facilities for marketing agricultural produce and products of livestock. (iv) Likelihood of non-compliance 47. The exemption under section 11(1) inter alia is subject to complying with section 11(5). This prescribes the forms and modes of investing or depo-siting the money by a trust or charitable institution registered under section 12A. The senior counsel submits that as an AMC is boun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d religious purposes i.e., towards the object of the trust. Therefore, for the purpose of registration under section 12AA of the Act, what the authorities have to satisfy is the genuine-ness of the activities of the trust or institution and how the income derived from the trust property is applied to charitable or religious purpose and not the nature of the activity by which the income was derived by the trust." (emphasis supplied) 49. Even otherwise the contention is without substance. Section 14(1) of the AMC Act read with rule 8 of the Rules mandate that "all moneys received by an AMC shall be deposited in a single banking account with the nearest Government treasury, or with the sanction of the Government in a bank" out of which all the expenditure of the AMC shall be defrayed. Under sec-tion 11(5)(iii), deposit of the moneys in a scheduled bank is substantial compliance with the law. It is nobody's case before us that any AMC con-travened section 14(1) of the AMC Act at any time in the past. Therefore, we reject the contention of the senior counsel for the Revenue. Conclusion 50. On the analysis as above of the various issues that have arisen for con-siderati ..... X X X X Extracts X X X X X X X X Extracts X X X X
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