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2015 (8) TMI 1443 - AT - Income TaxExemption from Union Taxation - Entitlement for registration u/s 12A - status of ‘ADDA’ being constituted under section 11 of the West Bengal Town and Country (Planning & Development) Act, 1979, could “either be a Local Authority or a Government Department or Agency” or it was not a ‘corporate body’ - Held that:- We find that the Assessing Officer has relied on the decision of the Hon’ble Supreme Court in the case of Adityapur Industrial Area Development Authority –vs.- Union of India [2006 (5) TMI 61 - SUPREME COURT] wherein held that the assessee could not claim exemption from Union Taxation under Article 289(1) of the Constitution of India nor it was possible to hold that the income derived by the assessee was the income of the State Government Thus observing that the circumstances were similar in the present cases, but he has not considered the above noted relevant statutory requirement s applicable in the case of assessee. We, therefore, set aside the order of ld. CIT(Appeals) for all the three years and restore the matter back to the file of Assessing Officer for de novo consideration of the entire issues - Decided in favour of assessee for statistical purposes.
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