9911796707
TMI Blog2012 (7) TMI 8X X X X Extracts X X X X X X X X Extracts X X X X ..... vant would be dealt with in this order not with a view to expressing any final or conclusive opinion on the issues which arise, but, only for determining whether on the well settled tests in law, a case for stay has been made out. 3. The petitioner was appointed as the New Town Development Authority for the Navi Mumbai region by a resolution dated March 18, 1970, of the State Government issued in exercise of powers conferred by section 113(1A) of the Maharashtra Regional and Town Planning Act, 1966. Similar Government resolutions have been issued by which the petitioner has been appointed as a special planning authority for diverse areas of the State Aurangabad, Nasik, Nanded, Vasai Virar, Walunj, Koras and Nagpur between 1972 and 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner filed an appeal before the Commissioner of Income-tax (Appeals) with an application under section 220(6). The first respondent rejected the application for stay on September 5, 2011. On October 11, 2011, the application for stay was rejected by the second respondent. 5. The learned counsel appearing on behalf of the petitioner submitted that before the Assessing Officer the contention of the petitioner was that CIDCO is an agent of the State Government both for the Navi Mumbai project (in respect of which it is a New Town Development Authority) and for other projects (in respect of which it is a special planning authority). The attention of the court was drawn to the order of the Assessing Officer which records the following submissio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DCO for the purpose of planned development and disposal. (g) The GOM has vested the lands for orderly development of Navi Mumbai. Accordingly, CIDCO is incurring huge expenses on behalf of the GOM for development of infrastructure such as roads, railways, water supply, storm water drainage, sewerage, etc. (h) After the completion of the development of the New towns, it is obligatory on the part of CIDCO to submit final account to the State Government in view of the express provisions of section 160 of then MR&TP Act. As per section of the MR&TP Act, the State Government is empowered to dissolve the regional board, special planning authority or the development authority, where the Govern- ment is satisfied that the purpose fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority constituted under section 40(1B), acts as an agent of the State Government. Reliance was placed on the provisions contained in that Act. It has been urged before the court that (i) the land for Navi Mumbai project was acquired by the State Government ; (ii) compensation was paid by the State Government ; and (iii) the lands have been registered in the name of CIDCO for and on behalf of the State Government. The cost of acquisition, it is submitted, is zero because the lands were acquired by the State Government and compensation was entirely paid by the State Government. The submission is that CIDCO is an agent of the Government of Maharashtra and as its agent it cannot be assessed in respect of the income of the principal. In the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plexity and magnitude of the work involved in developing any area as a site for the new town, the time required for setting up new machinery for undertaking and completing such work of development, and the comparative speed with which such work can be undertaken and completed in the public interest, if the work is done through the agency of a corporation including a company owned or controlled by the State as a new town, the State Government may, notwithstanding anything contained in sub-section (2), require the work of developing and disposing of land in the area of a new town to be done by any such corporation, company or subsidiary company aforesaid, as an agent of the State Government ; and thereupon, such corporation or company shall, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed that the appeal has been posted for hearing on November 14, 2011. The issues which have been raised by the petitioner merit serious consideration. In our view, having regard to the circumstances which have been adverted to in the earlier part of this order, the relevant statutory provisions and the decision of the Assessing Officer for the assessment years 2004-05, 2005-06 and 2005-06, the ends of justice would be met if a direction is issued to the appellate authority to expedite the disposal of the appeal and in the meantime a stay is granted of the recovery of the dues. The petitioner is set up under a legislative enactment. The dues of the Revenue are secure. We are not expressing any opinion on the merits with a view not to prejudic ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
