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2018 (7) TMI 137 - SC - Income TaxExemption under Section 10(20) - scope of local authority u/s 10(20) - NOIDA - Notices issued by Income Tax Authority under Section 142 - Appellant challenging the said notices contended that appellant is a local authority, hence, is exempted from payment of income tax under Section 10(20) and Section 10(20A) - Held that:- Authority constituted under Act, 1976 with regard to which notification under proviso to Article 243Q(1) dated 24.12.2001 has also been issued is not akin to the Municipality constituted under Article 243Q(1). As per Explanation to Section 10(20), these are entities which mean the local authority. The submission of the appellant is that the appellant is covered by Clause (ii) of the Explanation i.e. “Municipality as referred to in clause (e) of Article 243P of the Constitution”. We, while discussing above provisions, have already held that the appellant is not covered by the word/expression of “Municipality” in clause (e) of Article 243P. Thus, the appellant is not clearly included in sub-clause (ii) of Explanation. It is not even the case of the appellant that the appellant is covered by Section 10(20) except clause (ii). Thus, we are of the considered opinion that the appellant is not covered by the definition of local authority as contained in Explanation to Section 10(20). - Decided against the assessee.
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