JT.CIT(E), CIRCLE-2 AHMEDABAD, AHMEDABAD vs. VADODARA URBAN DEVELOPMENT AUTHORITY , VADODARA

ITA 335/AHD/2023Status: DisposedITAT Ahmedabad29 February 2024AY 2018-19Bench: Shri Waseem Ahmed (Accountant Member), Shri T.R. Senthil Kumar (Judicial Member)40 pages
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What did the Tribunal hold?

The Tribunal held that the assessee's activities did not fall under the proviso to section 2(15) as they were not in the nature of trade, commerce, or business. It also ruled that the denial of exemption solely for not e-filing Form 56F with the return was not justified, as it was filed during assessment proceedings.

What were the facts?

The Vadodara Urban Development Authority (VUDA), registered under section 12AA, claimed exemption under sections 11 & 12 of the Income Tax Act. The Assessing Officer (AO) denied this exemption, citing the proviso to section 2(15) and issues with filing forms 10 and 10B.

What were the issues?

Whether the assessee's activities constituted trade, commerce, or business, thereby disentitling it to charitable exemption under section 2(15). Whether the non-filing of Form 56F along with the return of income was a fatal flaw to claim deduction under section 10AA.

Which sections of the Income-tax Act were involved?

Section 2(15),Section 11,Section 12,Section 12AA,Section 10AA

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Income Tax Appellate Tribunal, AHMEDABAD “D” BENCH

Before: Shri Waseem Ahmed & Shri T.R. Senthil Kumar

PER BENCH :- These cross appeals are filed by the Revenue and the Assessee as against three separate appellate orders all dated

I.T.A Nos. 342/Ahd/2023 & 5 Ors. A.Ys. 2016-17 to 2018-19 Page No 2 National Faceless Ap

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