2023 (5) TMI 214 - AT - Income Tax

Exemption from income tax - status of the assessee - ‘local authority’ or 'Artificial Juridical Person' - SCN as why assessment be not completed in the status of “Artificial Juridical Person” in view of the amendment in provisions of section 10(20) wherein assessee cannot be treated as a “Local Authority” - HELD THAT:- From Hon’ble Jurisdictional High Court case M/S. N.S. COMMITTEE [2018 (1) TMI 1712 - ALLAHABAD HIGH COURT] we hold that the issue in dispute stands squarely covered by the said decision.

The impugned disputes have been accepted by the ld. AO in A.Y. 2017-18 in assessee’s own case accepting the stand of the assessee. Similarly CIT(A) also had accepted the stand of the assessee for the A.Y. 2015-16 and 2016-17 on identical facts and circumstances, which had attained finality as no appeals were preferred by the revenue before us for those years. We hold the assessee to be a ‘local authority’ and its receipts are not chargeable to tax in the facts and circumstances of the instant case. Accordingly, the grounds raised by the assessee are allowed.