Home Case Index All Cases Income Tax Income Tax + SC Income Tax - 2017 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (2) TMI 1110 - SUPREME COURTLocal authority within the meaning of Section 10(20A) - whether Vidarbh Irrigation Department Corporation is a local authority ? - Held that:- Section 10(20A) of the Act stipulates certain kinds of income which are not to be included in total income. This provision came for interpretation before this Court in the case of Gujarat Industrial Development Corporation and others v. Commissioner of Income-tax [1997 (8) TMI 3 - SUPREME Court] . We find that the High Court in the impugned judgment has referred to the aforesaid judgment and observed that since the Income Tax Appellate Tribunal did not consider the issue in the light of the provisions of the Vidarbha Irrigation Development Corporation Act,1997, under which the respondent-assessee has been constituted, as well as the provisions of Maharashtra Irrigation Act,1976 and Bombay Canal Rules,1934, the High Court has remanded the case back to the Tribunal for fresh consideration. We do not understand as to why the Income Tax Department has preferred the instant appeal against the aforesaid judgment of the High Court where the issue has only been remanded to the Tribunal for fresh consideration. In these circumstances, we are not inclined to interfere with the impugned judgment and dismiss this appeal.
|