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2022 (6) TMI 641 - AT - Income TaxExemption u/s 11 - Charitable activity u/s 2(15) - HELD THAT:- We find that the assessee is a "Parishad" namely "The Uttar Pradesh Awas Evam Vikas Parishad” which has been incorporated by the Legislative Assembly vide Uttar Pradesh Awas Evam Vikas Parishad Adhiniyam 1965. The scope of activities to be performed by the Parishad are strictly circumscribed by the provisions contained under section 15 of the said very enactment under the head "function of the board" and through the "Parishad" it is the Government of Uttar Pradesh itself which has been carrying on the objects of general public utility, in due discharge of its functions, duties and thereby it has acquired the status of a State under Article 12 of the Constitution of India - HELD THAT:- As in the case of assessee itself for assessment year 2015-16, the case of the assessee was reopened u/s 148 and Assessing Officer has again examined the activities of the assessee and has granted exemption u/s 11 of the Act. Also relying on provisions of section 10(46) CBDT itself has granted exemption u/s 10(46) on the similar activities being undertaken by different assessees. In this respect reliance was placed on the notifications issued by CBDT in the case of Yamuna Expressway Industrial Development Authority and Greater Noida Industrial Development Authority. CBDT has examined the activities of these organizations and has issued notifications exempting the income u/s 10(46) of the Act - activities being undertaken by assessee are similar to the activities being undertaken by the assessee. In view of all these facts and circumstances assessee be allowed exemption u/s 11 of the Act. We find that after noting down the detailed arguments of both the parties in appeals issue decided the issue of grant of exemption u/s 11 in favour of the assessee. Transferring certain amounts to IDRF account and was directly reflecting that account in the balance sheet and was not routing through the profit & loss account - AO has added back these amounts while denying exemption u/s 11 - HELD THAT:- We find that this issue has already been dealt by the Hon'ble Allahabad High Court in the case of Lucknow Development Authority [2013 (9) TMI 570 - ALLAHABAD HIGH COURT] has held that the money transferred to this fund is to be utilized for the purpose of project as specified by the committee having constituted by the Government and the same could not be treated to be belonging to the authority or the receipt is taxable in its hand.
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