CHHATTISGARH HOUSING BOARD,RAIPUR vs. EXEMPTION CIRCLE, RAIPUR

ITA 653/RPR/2025Status: DisposedITAT Raipur17 February 2026AY 2017-18Bench: SHRI PARTHA SARATHI CHAUDHURY (Judicial Member), SHRI AVDHESH KUMAR MISHRA (Accountant Member)19 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal held that the case is covered by the Supreme Court's decision in Ahmedabad Urban Development Authority. The matter was remanded to the AO to determine if the consideration charged for units/plots was substantially above cost plus a nominal mark-up.

What were the facts?

The Chhattisgarh Housing Board, registered under section 12A, claimed exemption under section 11 of the Income Tax Act. The Assessing Officer disallowed this exemption, treating the surplus from housing activities as taxable business income, a view upheld by the CIT(A).

What were the issues?

Whether the housing board's activities constitute business or charitable purposes, and if the surplus generated disqualifies it from exemption under Section 11, considering the proviso to Section 2(15).

Which sections of the Income-tax Act were involved?

Section 11,Section 2(15),Section 10(46A),Section 11(4A)

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Cases cited in this judgment(6)Show list

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Income Tax Appellate Tribunal, RAIPUR BENCH, RAIPUR

Before: SHRI PARTHA SARATHI CHAUDHURY, JM & SHRI AVDHESH KUMAR MISHRA, AM

For Appellant: Shri Shubham Mehta, CA
Hearing: 11/02/2026

Per Avdhesh Kumar Mishra, AM: Common facts and similar grounds arise in the above captioned appeals of the assessee; therefore, these appeals were heard together and are being disposed off by this common order.

2.

These appeals for Ass

The order continues below.

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