THE HONOURABLE SRI JUSTICE GODA RAGHURAM AND THE HONOURABLE SRI JUSTICE N. RAVI SHANKAR ITTA No. 57 of 2011 Dated: 29-8-2011 Between Commissioner of Income Tax, Guntur …Petitioner And Agricultural Market Committee, Chenchupet …Respondent Oral Order: (Per Hon’ble Sri Justice Goda Raghuram) It is represented by the learned Senior Counsel for Income-Tax Sri S.R. Ashok that in view of the judgment of this Court dated 27-6- 2011 in ITTA No. 139 of 2011 this appeal is required to be allowed. By the judgment dated 27-6-2011, this Court has held, following the judgment of a Division Bench in ITTA Nos. 421 of 2010 and batch that the provisions of Section 19(26AAB) of the Income Tax Act, 1961 (for short ‘the Act’) are prospective in operation. In view of the decision, the order of the ITAT dated 27-4-2010 in ITA Nos. 563/Viz/2009 dismissing by a common order, the appeals by the Revenue and confirming the order of the Commissioner of Income-Tax (Appeals), Guntur holding the provisions of Clause (26AAB) of Section 10 of the Act to be declaratory and therefore retrospective, cannot be sustained. In the aforesaid premise, the appeal is allowed. The order dated 27-4-2010 of the ITAT in ITA Nos. 562/Viz/2009 and the order dated 29-9-2009 of the Commissioner of Income-Tax in ITA No. 0013/CIT(A)/GNT/2009-10 are set aside. No costs. ______________________ GODA RAGHURAM, J 29th August, 2011 ______________________ N. RAVI SHANKAR, J GRR