PCIT v. Fish Poultry and Egg Marketing Committee (2023)455 ITR 252/149 taxmann.com 487 (Delhi)(HC)

S. 10(26AAB) : Income of an agricultural produce market committee or board-Trading in fish, poultry and eggs-Entitled to set-off of loss against fee income. [Delhi Agricultural Produce Marketing (Regulation) Act, 1976, S. 2(1)(a)]

Dismissing the appeal of the Revenue the Court held  that since agricultural produce was not defined in the 1961 Act, the Tribunal had taken recourse to section 2 of the 1998 Act. The definition of agricultural produce as contained in section 2(1)(a) of the 1998 Act, read with Schedule is wide, which included all kinds of produce, including fish, poultry and eggs. Even otherwise, the fee earned by the assessee would constitute income derived from regulating agricultural produce. The assessee is  entitled to set-off of  loss against fee income.  The order of Tribunal is affirmed.  (AY.2012-13)