Friday, May 22, 2015

Section 2(15)/Section 12AA :city development authority Comes under General Public utility

Proviso to section 2(15) was not applicable to assessee-city development authority established for providing housing, roads, sewerage system, etc.

[2015] 57 taxmann.com 6 (Delhi - Trib.)
IN THE ITAT DELHI BENCH 'C'
Haridwar Development Authority
v.
Commissioner of Income-tax, Dehradun

Section 2(15), read with section 12AA, of the Income-tax Act, 1961 - Charitable purpose (City/Urban development authority) - Assessment year 2006-07 - Whether proviso to section 2(15) was not applicable to assessee-authority established under section 4 of UP Urban Planning & Development Act, 1973, for providing housing, roads, sewerage system, etc. - Held, yes [Para 7.15] [In favour of assessee]

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