M.Katju, J. - (1.) These two writ petitions raise a common question of law and are hence being disposed off by a common judgment. The petitioner is the Krishi Utpadan Mandi Samiti, Bulandshahr which has been constituted under the U.P. Krishi Utpadan Mandi Adhiniyam, 1964. The petitioner has challenged the impugned orders dated 4.3.2004 and 15.10.2003 requiring it to furnish income tax returns for the assessment year 2003-04 and also to show case why penalty be not imposed for not furnishing the returns in time.
(2.) The short contention of the learned counsel for the petitioner is that the petitioner is a local authority and is hence exempt from income tax under Section 10 (20) of the Income Tax Act.
(3.) Sri B.D. Mandhyan, learned counsel for the petitioner has submitted that earlier for the assessment year 1978-79 an assessment order was passed against the petitioner by the I.T.O., A Ward, Bulandshahr on 25.5.1982 against which an appeal was filed before the C.I.T. (Appeals), Meerut, who by order dated 6.9.1982 allowed the appeal and held that the petitioner is a local authority and hence exempt from income tax. True copy of the order dated 6.9.1982 is Annexure 3 to the writ petition.;