9911796707
TMI Blog2008 (8) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... owned by the Government of Tamilnadu. The appellant is an assessee under the respondent. For the assessment year 1998-99, the assessee filed returns and claimed exemption under section 10(29) of the Income Tax Act in respect of the income derived from the activities carried on by the assessee, and those are warehousing charges, supervision charges, weigh bridge receipts, DESS receipts, rent receipts (quarters), interest on staff advances, fumigation receipts, interest on bank deposit, etc., The said exemption was claimed on the premise that the appellant is an authority constituted under law for marketing of commodities and any income derived from letting out the godowns and warehouses for storage, processing or facilitating the marketing o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e's own case for the earlier assessment year and taking in aid the judgment of the Supreme Court in the case of Orissa State Warehousing Corporation Ltd. And Rajasthan State Warehousing corporation v. CIT, [1999] 237 ITR 589, has come to the conclusion that the words "any income" as appearing in the body of the section is restrictive in its application by reason of the user of the expression 'derived from' and hence the income derived as supervision charges, fumigation charges and way bridge receipt are not eligible for deduction under section 10(29) of the Income Tax Act. The assessee is before us, on appeal against the said order by formulating the following substantial questions of law: "1. Whether on the facts and in the circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. City and Industrial Development Corporation, Maharashtra Ltd., (2007) 7 SCC 39, after referring to the earlier cases in Oil Natural Gas Commission v. Collector of Central Excise, 1992 Supp (2) SCC 432; Oil Natural Gas Commission v. Collector of Central Excise, 1995 Supp (4) SCC 541; Oil Natural Gas Commission v. Collector of Central Excise, (2004) 6 SCC 437; in which directions have been issued to set up governmental committee to resolve the dispute between the intra-governmental or intergovernmental disputes involving Government Departments or Government owned companies of the Central and State Governments, rather than adjudicating the same before Courts of law, and having regard to the fact of the particular case, that the matter was p ..... X X X X Extracts X X X X X X X X Extracts X X X X
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