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2016 (9) TMI 1048 - HC - Indian LawsExemption from taxation - use of property - control of the premises - titles to the property - Held that:- It is clear that the property which is constructed is in the ownership of the Government of India but land and the possession is with the Food Corporation of India and they are enjoying the property, no sovereign function is done on the land in question. The land which is allotted to the Food Corporation of India is on creation of the statutory authority and complete department has been handed over to the petitioner-Corporation. From the record, it seems that the Corporation is in complete control of the premises and are enjoying the fruits of the property. Taking into consideration the basic object of the tax statute, property is taxed on the enjoyment of the rights of the property and Food Corporation of India is enjoying the property. Merely because technically titles are not clear, the Food Corporation of India cannot be granted exemption of taxation.The contention raised by the petitioner is misconceived and is liable to be rejected.
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