The Tax Publishers2020 TaxPub(DT) 3931 (Guj-HC)

INCOME TAX ACT, 1961

Section 260A

Substantial question of law as proposed was no longer res integra in view of the decision of jurisdictional High Court in the case of Ahmedabad Urban Development Authority v. Asstt. CIT, ((2017) 396 ITR 323 (Guj) : 2017 TaxPub(DT) 1863 (Guj-HC)) and accordingly, appeal of Revenue was dismissed.

Appeal (High Court) - Exemption under section 11 - Activity being engaged in development of urban area -

Issue arose for consideration as to whether Tribunal was justified in considering the activity of the assessee as engaged in development of urban area which was in the nature of advancement of general public utility not hit by the newly introduced first and second proviso to section 2(15). Held: Substantial question of law as proposed was no longer res integra in view of the decision of jurisdictional High Court in the case of Ahmedabad Urban Development Authority v. Asstt. CIT, ((2017) 396 ITR 323 (Guj) : 2017 TaxPub(DT) 1863 (Guj-HC)) and accordingly, appeal of Revenue was dismissed.

Followed:Ahmedabad Urban Development Authority v. Asstt. CIT (Exemption) (2017) 396 ITR 323 (Guj) : 2017 TaxPub(DT) 1863 (Guj-HC) Dy. CIT (Exemptions), Ahmedabad v. Rajkot Urban Development Authority 2020 TaxPub(DT) 0059 (Ahd-Trib)

REFERRED :

FAVOUR : In assessee's favour

A.Y. : 2012-13



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