TMI Blog2017 (2) TMI 1110X X X X Extracts X X X X X X X X Extracts X X X X ..... llate Tribunal did not consider the issue in the light of the provisions of the Vidarbha Irrigation Development Corporation Act,1997, under which the respondent-assessee has been constituted, as well as the provisions of Maharashtra Irrigation Act,1976 and Bombay Canal Rules,1934, the High Court has remanded the case back to the Tribunal for fresh consideration. We do not understand as to why the Income Tax Department has preferred the instant appeal against the aforesaid judgment of the High Court where the issue has only been remanded to the Tribunal for fresh consideration. In these circumstances, we are not inclined to interfere with the impugned judgment and dismiss this appeal. - Civil Appeal No. 2091 of 2006 - - - Dated:- 16-2- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct. The clause pertains to any income of an authority constituted by or under any enacted law. This first limb of the clause is squarely available to the Corporation as it has been constituted under the Gujarat Act. The second limb of the clause consists of two alternatives, of which the first is that the authority constituted by law should be for dealing with the need to provide housing accommodation. That alternative is obviously not available to the appellant-Corporation as nobody has a case that the appellant-Corporation has anything to do with the obligation to provide housing accommodation. It is the second alternative in the clause under which the appellant seeks shelter to be absolved from the liability to pay income-tax. As p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f cities, towns and villages or for both, income of such authority is exempted from tax under Section 10(20A) of the IT Act. It was, therefore, necessary for the appellate Tribunal to consider the issue in the light of the provisions of the VIDC Act, Maharashtra Irrigation Act, 1976 and Bombay Canal Rules,1934. However, the conclusion arrived at by the appellate Tribunal in respect of question No.1 mentioned hereinabove in the present appeal appears to be not correct and in our view, needs to be reconsidered by the appellate Tribunal. We do not understand as to why the Income Tax Department has preferred the instant appeal against the aforesaid judgment of the High Court where the issue has only been remanded to the Tribunal for fresh ..... X X X X Extracts X X X X X X X X Extracts X X X X
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