2023 (7) TMI 577 - HC - Income Tax

Benefit of the provision of Section 10(46) - Yamuna Expressway Industrial Development Authority - notification dated 24.12.2020, which was issued qua the petitioner/assessee, with regard to AYs 2014-15 to 2018-19 should be extended to the AYs which are subject matter of its application dated 06.04.2021 - petitioner/assessee has filed an application, followed by multiple reminders for disposal of the same application - HELD THAT:- To be noted, the AYs which are subject matter of the same application are 2019-20 to 2023-24.

It appears that the aforementioned notification was issued via judgment passed by a coordinate bench in Yamuna Expressway Industrial Development Authority v. Union of India & Ors [2020 (8) TMI 903 - DELHI HIGH COURT].

So far as this court is concerned, in respect of Greater Noida Industrial Development Authority a similar approach has been adopted [2022 (12) TMI 1421 - DELHI HIGH COURT]

Order:

(i) The concerned authority will dispose of the application filed by the petitioner/assessee within six weeks of receipt of a copy of the judgment.

(ii) The concerned authority will accord a personal hearing to the authorised representative of the petitioner/assessee. For this purpose, notice will be served on the petitioner/assessee, indicating the date, time and venue fixed for the hearing. The concerned authority will have liberty to conduct the hearing via video conferencing.

(iii) The concerned authority will pass a speaking order, bearing in mind the judgments referred to hereinabove, and the notification dated 24.12.2020.