THE COMMISSIONER OF INCOME TAX (EXEMPTIONS) vs. RAJKOT URBAN DEVELOPMENT AUTHORITY

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TAXAP/263/2020HC GujaratGJHC24039332202028 September 2020Bench: HONOURABLE THE CHIEF JUSTICE MR. JUSTICE VIKRAM NATH,HONOURABLE MR. JUSTICE J.B.PARDIWALA4 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that the substantial questions of law proposed by the revenue were no longer res integra. This was in view of the High Court's own decision in the case of Ahmedabad Urban Development Authority vs. Assistant Commissioner of Income Tax, reported in 396 ITR 323. The Court noted that the ITAT had also placed reliance on this very judgment of the High Court in its common order for different assessment years. Consequently, the High Court found no merit in the revenue's appeals. The appeals were dismissed. The specific findings on each of the proposed questions by the ITAT are not detailed, but the High Court's decision implies affirmation of the ITAT's view based on the cited precedent.

What were the facts?

The appeals were filed by the Commissioner of Income Tax (Exemptions) against the Income Tax Appellate Tribunal (ITAT), Ahmedabad Bench. The assessee in all appeals is Rajkot Urban Development Authority. The appeals challenge ITAT's orders for various assessment years, including AY 2012-13, concerning the grant of exemptions under Section 11 of the Income Tax Act, 1961. The revenue has proposed several substantial questions of law related to the nature of the assessee's activities, commercial involvement, alleged double deductions, treatment of earlier year expenses, and accumulation of income. The High Court heard the revenue's counsel and noted that the substantial questions of law were not res integra.

What were the issues?

The Tribunal had to decide the following substantial questions of law proposed by the revenue: 1. Whether the assessee's activity of urban development constitutes advancement of general public utility and is not hit by the first and second provisos to Section 2(15) of the Act? 2. Whether the assessee is involved in widespread commercial activities, making it ineligible for exemption under Section 11, as its activities fall under the provisos to Section 2(15)? 3. Whether deleting an addition to fixed assets, already allowed as application of income in earlier years, amounts to double deduction? 4. Whether deleting earlier year expenses, considering that capital expenditure by one person need not be a capital receipt for the recipient, is justified? 5. Whether allowing accumulation of income under Section 11(2) and Section 11(1)(a) is permissible when the proviso to Section 2(15) is applicable? The revenue contended that the assessee's activities were commercial and hit by the provisos to Section 2(15), disentitling it to exemptions. The assessee's arguments are not recorded in the judgment. The Tribunal had relied on the High Court's judgment in Ahmedabad Urban Development Authority vs. Assistant Commissioner of Income Tax.

Which sections of the Income-tax Act were involved?

Section 2(15),Section 11,Section 11(1)(a),Section 11(2),Section 260A

AI-generated summary — verify with the full judgment below

C/TAXAP/259/2020 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/TAX APPEAL NO. 259 of 2020 With R/TAX APPEAL NO. 261 of 2020 With R/TAX APPEAL NO. 262 of 2020 With R/TAX APPEAL NO. 263 of 2020 With R/TAX APPEAL NO. 264 of 2020 With R/TAX APPEAL NO. 265 of 2020 ========================================================== THE COMMISSIONER OF INCOME TAX (EXEMPTIONS) Versus RAJKOT URBAN DEVELOPMENT AUTHORITY ========================================================== Appearance: MRS MAUNA M BHATT(174) for the Appellant(s) No. 1 for the Opponent(s) No. 1 ========================================================== CORAM: HONOURABLE THE CHIEF JUSTICE MR. VIKRAM NATH and HONOURABLE MR. JUSTICE J.B.PARDIWALA

Date : 28/09/2020

ORAL ORDER (PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA) 1

Since the substantial questions of law as proposed by the revenue are common in all the captioned tax appeals, those were taken up for hearing analogously and are being disposed of by this common order. 2 For the sake of convenience, the Tax Appeal No.259 of 2020 is treated to be lead appeal. This tax appeal under Section 260A of the Income Tax Act, 1961 is at the instance of revenue and is directed against the order passed by the Income Tax Appellate Tribunal, “B” Bench Ahmedabad

dated

18.12.2019

the

ITA Page 1 of 4

C/TAXAP/259/2020 ORDER No.2392/Ahd/2017 for A.Y.2012-13. 3 The connected tax appeals are for different assessment years. The assessee in all the Tax Appeals remains common viz. Rajkot Urban Development Authority. 4 The revenue has proposed the following substantial questions of law for the consideration of this Court: “[A] “Whether on the facts and circumstances of the case and in law, the Appellate Tribunal was justified in considering the activity of the assessee as engaged in the development of urban area of Rajkot which is in the nature of advancement of general public utility not hit by the newly introduced first and second proviso to section 2(15) of the Act?” [B] “Whether on the facts and circumstances of the case and in law, the Appellate Tribunal was justified in allowing the benefit of exemptions u/s. 11 without considering the fact that the assessee is involved in widespread commercial activities in nature of business and the activity of the assessee is covered under first and second proviso to section 2(15) of the Act?” [C] “Whether on the facts and circumstances of the case and in law, the Appellate Tribunal was justified in Page 2 of 4

C/TAXAP/259/2020 ORDER deleting the addition of Rs.8,43,711/- by not appreciating that the addition to fixed assets has already been allowed in earlier years as application of income which amounts to double deduction? [D] “Whether on the facts and circumstances of the case and in law, the Appellate Tribunal was justified in deleting the addition of earlier year expenses of Rs.2,38,54,508/- considering that a capital expenditure by a person need not be a capital receipt of the person receiving that amount which the assessee has received for the discharge of its objects?” [E] “Whether on the facts and circumstances of the case and in law, the Appellate Tribunal was justified in allowing the accumulation of Rs.12,00,00,000/- u/s.11(2) and accumulation @15% of Rs.2,48,78,277/- u/s. 11(1)(a) of the Act without appreciating the fact that once the proviso to section 2(15) is applicable, the benefit of section 11 and 12 cannot be allowed further?” 5 We have heard Ms. Mauna Bhatt, learned Senior Standing Counsel appearing for the revenue. We need not adjudicate these appeals on merit as the substantial questions of law as proposed are no longer res integra in view of the decision of this High Court in the case of Ahmedabad Urban Development Authority vs. Assistant Page 3 of 4

C/TAXAP/259/2020 ORDER Commissioner of Income Tax, reported in 396 ITR 323. We take notice of the fact that in the common judgment delivered by the appellate Tribunal for different assessment years, the Tribunal has placed reliance on the very same judgment of this High Court.

In view of the above, all the appeals fail and they are accordingly dismissed. (VIKRAM NATH, CJ) (J. B. PARDIWALA, J) A. B. VAGHELA Page 4 of 4

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