U.P HOUSING & DEVELOPMENT BOARD,LUCKNOW vs. INCOME TAX OFFICER-2(3), LUCKNOW

ITA 535/LKW/2014Status: DisposedITAT Lucknow28 February 2025AY 2008-0975 pages
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What did the Tribunal hold?

The Tribunal held that concessions granted to employees based on a Government Order do not disentitle the assessee from claiming exemption under Section 11, as it is a social welfare measure. Grants received for specific purposes, like the VAMBAY Scheme Fund, are not taxable as they lack profit elements.

What were the facts?

The appeals concern the U.P. Awas Evam Vikas Parishad and involve assessment years 2007-08 and 2008-09. The core issues revolve around the eligibility of the assessee for exemption under Section 11 of the Income Tax Act and additions made by the Assessing Officer.

What were the issues?

Whether the assessee is eligible for exemption under Section 11 despite providing benefits to employees, and whether grants received for specific purposes are taxable.

Which sections of the Income-tax Act were involved?

Section 11,Section 13(3),Section 2(15)

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Income Tax Appellate Tribunal, LUCKNOW ‘B’ BENCH, LUCKNOW

Before: SH. SUDHANSHU SRIVASTAVA & SH. NIKHIL CHOUDHARY

For Appellant: Ms. Shweta Mittal, C.A
Hearing: 24.02.2025Pronounced: 28.02.2025

PER BENCH: These six appeals pertaining to M/s U.P. Awas Vikas Parishad, Lucknow, for the assessment years 2007-08 and 2008-09 have been filed by the Department (in ITA Nos.532 & 533/LKW/20

The order continues below.

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