Sangeet Lodha, J. - (1.) These appeals arising out of the common order dated 4.12.12 passed by the Income Tax Appellate Tribunal (ITAT), Jodhpur Bench, Jodhpur, allowing the appeals preferred by the assessees, questioning the legality of the orders passed by the Commissioner of Income Tax (Appeals) [CIT(A)], affirming the order passed by the Assessing Officer (A.O.), rejecting the claim of assessees for exemption under Sec. 11(1)(a) of the Income Tax Act, 1961 (for short "the Act"), involving identical substantial question of law, were heard together and are being disposed of by this common order.
(2.) The relevant facts in nutshell are that assessees, Agriculture Produce Market Committees, filed Return of Income for the assessment year 2008 -09, claiming the status as Charitable Trust. Indisputably, the income derived during the previous year relevant to assessment year 2008 -09, was applied by the assessees for charitable purposes, however, the expenditure incurred by the assessees towards the charitable aims and objects, were found to be in excess of the income earned in the previous year, relevant to the assessment year in question. It was also not in dispute that the excess expenditure was incurred by the assessees for charitable purposes out of surplus in Public Deposit Account (PD Account). Keeping in view a Bench decision of this court in "Shri Akhey Ram Ishwari Prasad Trust v/s. CIT", : (2004) 266 ITR 281, the A.O. issued notices to the assessees under Sec. 143(2) of the Act, to justify their claim for deduction under Sec. 11(1)(a) of the Act.
(3.) In reply, the assessees pleaded that the issue stands decided in their favour by ITAT, Jodhpur Bench, in ITA No. 385/JU/2009. The assessees also placed reliance upon a decision of this court in the matter of "CIT v/s. Maharana Mewar Charitable Foundation" ( : 164 ITR 439) and a decision of the Gujarat High Court in case of "CIT v/s. Shri Plot Swetamber Murti Poojak Jain Mandal",, (1995) 211 ITR 263.;