“Section 40(1)(b)”

DCIT-3(2)(1), MUMBAI, MUMBAI vs. MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LIMITED, MUMBAI

Bench: Shri Saktijit Dey & Shri Prabhash Shankarmaharashtra Airport V/S. Assistant Commissioner Of Development Company बनाम Income Tax, Circle – 3(2)(1), Limited Room No. 608, Aayakar 8, World Trade Centre, Bhavan, Maharishi Karve Tower 1, 8Th Floor, Cuffe Road, Mumbai – 400020, Parade, Mumbai – 400005, Maharashtra Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcm9623M Appellant/अपीलार्थी .. Respondent/प्रतिवादी Deputy Commissioner Of V/S. Maharashtra Airport Income Tax, Circle – 3(2)(1), बनाम Development Company Room No. 608, 6Th Floor, Limited, 8, World Trade Aayakar Bhavan, Maharishi Centre, Tower 1, 8Th Floor, Karve Road, Mumbai – 400 Cuffe Parade, Colaba S.O. 020, Maharashtra Mumbai–400005, Maharashtra स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aadcm9623M Appellant/अपीलाथी .. Respondent/प्रतिवादी

carries on the activity of development of "Multi-modal International Hub Airport at Nagpur" as a Special Planning Authority appointed under section 40(1)(b) of the Maharashtra Regional and Town Planning Act, 1966. It also carries on the activity of maintenance and development of various airports in the State

MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LIMITED,MUMBAI vs. ACIT, CIRCLE-3(2)(1), MUMBAI

In the result, appeal of the Revenue is partly allowed

that it is also not in dispute\nthat the assessee company is appointed by the State Government as a special\nplanning authority under section 40(1)(b) of the Maharashtra Regional Town\nPlanning (MRTP) Act, 1966; that it is also not in dispute that the assessee\ncompany being a special ... that it is also not in dispute that\nthe assessee company is appointed by the State Government as a\nspecial planning authority under section 40(1)(b) of the\nMaharashtra Regional Town Planning (MRTP) Act, 1966; that it is\nalso not in dispute that the assessee company being a special

DEPUTY COMMISSIONER OF INCOME TAX (EXEMPTION)-2(1), MUMBAI, MUMBAI vs. MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY, MUMBAI

In the result, all the four appeals of the Revenue are dismissed

Bombay Metropolitan Region Development Authority Act, 1974, to be\nthe Special Planning Authority for developing the notified area.\n\n• As discussed in section 40(1)(b) read with section 113(3A), the State\nGovernment may, notwithstanding anything contained in sub-section (2) of 113,\nrequire the work of developing ... Aurangabad and Ors. heard by\nthe Aurangabad Bench of this Court, the Court has accepted that the\nconjoint reading of the provisions under Sections 40(1) (b) & 113 of the\nMRTP Act and the notification dated 1st June 1973 issued by the State\nGovernment, Petitioner would be acting as Special

DEPUTY COMMISSIONER OF INCOME-TAX(EXEMPTION)-2(1), MUMBAI, MUMBAI vs. MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY, MUMBAI

In the result, appeal of the Revenue for Assessment Year 2016-17

Bench: Shri Saktijit Dey, Hon'Ble & Shri Girish Agrawal

carry out legal obligations as specified in various provisions of the MMRDA Act and MRTP Act. In this regard, attention is invited to section 40(1)(b)/(c) of the MRTP Act which reads as under: "Sec 40 (1) The State Government may, by notification in the Official Gazette ... under the Bombay Metropolitan Region Development Authority Act, 1974, to be the Special Planning Authority for developing the notified area. ● As discussed in section 40(1)(b) read with section 113(3A), the State Government may, notwithstanding anything contained in sub-section (2) of 113, require the work of developing

DEPUTY COMMISSIONER OF INCOME-TAX(EXEMPTION)-2(1), MUMBAI, MUMBAI vs. MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY, MUMBAI

In the result, appeal of the Revenue for Assessment Year 2016-17

Bench: Shri Saktijit Dey, Hon'Ble & Shri Girish Agrawal

carry out legal obligations as specified in various provisions of the MMRDA Act and MRTP Act. In this regard, attention is invited to section 40(1)(b)/(c) of the MRTP Act which reads as under: "Sec 40 (1) The State Government may, by notification in the Official Gazette ... under the Bombay Metropolitan Region Development Authority Act, 1974, to be the Special Planning Authority for developing the notified area. ● As discussed in section 40(1)(b) read with section 113(3A), the State Government may, notwithstanding anything contained in sub-section (2) of 113, require the work of developing

DEPUTY COMMISSIONER OF INCOME-TAX(EXEMPTION)-2(1), MUMBAI, MUMBAI vs. MUMBAI METROPOLITAN REGION DEVELOPMENT AUTHORITY, MUMBAI

In the result, all the four appeals of the Revenue are dismissed

Bombay Metropolitan Region Development Authority Act, 1974, to be\nthe Special Planning Authority for developing the notified area.\n\n• As discussed in section 40(1)(b) read with section 113(3A), the State\nGovernment may, notwithstanding anything contained in sub-section (2) of 113,\nrequire the work of developing ... Aurangabad and Ors. heard by\nthe Aurangabad Bench of this Court, the Court has accepted that the\nconjoint reading of the provisions under Sections 40(1) (b) & 113 of the\nMRTP Act and the notification dated 1st June 1973 issued by the State\nGovernment, Petitioner would be acting as Special

MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LTD.,MUMBAI vs. ACIT-3(2)(1), MUMBAI

In the result, appeal of the assessee is allowed and that of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Girish Agrawalassessment Year: 2007-08 Assistant Commissioner Of Income Maharashtra Airport Tax- 3(2)(1), Development Co. Ltd., Mumbai 12Th Floor,World Trade Centre, Vs. Tower No.1, Cuffe Parade, Mumbai – 400 005

carries on the activity of development of "Multi-modal International Hub Airport at Nagpur" as a Special Planning Authority appointed under section 40(1)(b) of the Maharashtra Regional and Town Planning Act, 1966. It also carries on the activity of maintenance and development of various airports in the State

ACIT 3(2)(1), MUMBAI vs. MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LTD, MUMBAI

In the result, appeal of the assessee is allowed and that of the Revenue is dismissed

Bench: Shri Satbeer Singh Godara & Shri Girish Agrawalassessment Year: 2007-08 Assistant Commissioner Of Income Maharashtra Airport Tax- 3(2)(1), Development Co. Ltd., Mumbai 12Th Floor,World Trade Centre, Vs. Tower No.1, Cuffe Parade, Mumbai – 400 005

carries on the activity of development of "Multi-modal International Hub Airport at Nagpur" as a Special Planning Authority appointed under section 40(1)(b) of the Maharashtra Regional and Town Planning Act, 1966. It also carries on the activity of maintenance and development of various airports in the State

ACIT 3(2)(1), MUMBAI vs. MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LTD, MUMBAI

Bench: Shri Kuldip Singh & Ms. Padmavathy Sassessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2015-16 M/S. Maharashtra Airport Deputy Commissioner Of Development Company Income Tax, Ltd., Circle (3)(2)(1), 6Th Floor, Room No.608, 6Th Floor, Vs. World Trade Centre, Aayakar Bhawan, Tower No.1, Cuffe Parade, M.K. Road, Mumbai – 400 005 Mumbai - 400020 Pan: Aadcm9623M (Appellant) (Respondent) Assessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2013-14 Assessment Year: 2014-15 Assessment Year: 2015-16 Dy/Asst. Commissioner Of M/S. Maharashtra Airport Income Tax-(3)(2)(1), Development Co. Ltd., Vs. 12Th Floor, Room No.608/674, 6Th Floor, World Trade Centre, Aayakar Bhavan, Tower No.1, Cuffe Parade

circumstances of the case, CTT(A) has erred in not appreciating that the Appellant is a Special Planning Authority appointed under section 40(1)(b) of The Maharashtra Regional and Town Planning Act, 1966 & the development charges collected by virtue of section 1240 of MRTP Act, 1966 is for specific ... circumstances of the case, CIT (A) has erred in not appreciating that the Appellant is a Special Planning Authority appointed under section 40(1)(b) of The Maharashtra Regional and Town Planning Act, 1966 & the development charges collected by virtue of section 124J of MRTP Act, 1966 is for specific

MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LTD.,MUMBAI vs. DCIT-3(2)(1), MUMBAI

Bench: Shri Kuldip Singh & Ms. Padmavathy Sassessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2015-16 M/S. Maharashtra Airport Deputy Commissioner Of Development Company Income Tax, Ltd., Circle (3)(2)(1), 6Th Floor, Room No.608, 6Th Floor, Vs. World Trade Centre, Aayakar Bhawan, Tower No.1, Cuffe Parade, M.K. Road, Mumbai – 400 005 Mumbai - 400020 Pan: Aadcm9623M (Appellant) (Respondent) Assessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2013-14 Assessment Year: 2014-15 Assessment Year: 2015-16 Dy/Asst. Commissioner Of M/S. Maharashtra Airport Income Tax-(3)(2)(1), Development Co. Ltd., Vs. 12Th Floor, Room No.608/674, 6Th Floor, World Trade Centre, Aayakar Bhavan, Tower No.1, Cuffe Parade

circumstances of the case, CTT(A) has erred in not appreciating that the Appellant is a Special Planning Authority appointed under section 40(1)(b) of The Maharashtra Regional and Town Planning Act, 1966 & the development charges collected by virtue of section 1240 of MRTP Act, 1966 is for specific ... circumstances of the case, CIT (A) has erred in not appreciating that the Appellant is a Special Planning Authority appointed under section 40(1)(b) of The Maharashtra Regional and Town Planning Act, 1966 & the development charges collected by virtue of section 124J of MRTP Act, 1966 is for specific

MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LTD.,MUMBAI vs. ACIT-3(2)(1), MUMBAI

Bench: Shri Kuldip Singh & Ms. Padmavathy Sassessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2015-16 M/S. Maharashtra Airport Deputy Commissioner Of Development Company Income Tax, Ltd., Circle (3)(2)(1), 6Th Floor, Room No.608, 6Th Floor, Vs. World Trade Centre, Aayakar Bhawan, Tower No.1, Cuffe Parade, M.K. Road, Mumbai – 400 005 Mumbai - 400020 Pan: Aadcm9623M (Appellant) (Respondent) Assessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2013-14 Assessment Year: 2014-15 Assessment Year: 2015-16 Dy/Asst. Commissioner Of M/S. Maharashtra Airport Income Tax-(3)(2)(1), Development Co. Ltd., Vs. 12Th Floor, Room No.608/674, 6Th Floor, World Trade Centre, Aayakar Bhavan, Tower No.1, Cuffe Parade

circumstances of the case, CTT(A) has erred in not appreciating that the Appellant is a Special Planning Authority appointed under section 40(1)(b) of The Maharashtra Regional and Town Planning Act, 1966 & the development charges collected by virtue of section 1240 of MRTP Act, 1966 is for specific ... circumstances of the case, CIT (A) has erred in not appreciating that the Appellant is a Special Planning Authority appointed under section 40(1)(b) of The Maharashtra Regional and Town Planning Act, 1966 & the development charges collected by virtue of section 124J of MRTP Act, 1966 is for specific

ACIT-3(2)(1), MUMBAI vs. MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LTD., MUMBAI

circumstances of the case,\nCTT(A) has erred in not appreciating that the Appellant is a Special\nPlanning Authority appointed under section 40(1)(b) of The\nMaharashtra Regional and Town Planning Act, 1966 & the\ndevelopment charges collected by virtue of section 1240 of MRTP Act,\n1966 is for specific ... circumstances of the case,\nCIT (A) has erred in not appreciating that the Appellant is a Special\nPlanning Authority appointed under section 40(1)(b) of The\nMaharashtra Regional and Town Planning Act, 1966 & the\ndevelopment charges collected by virtue of section 124J of MRTP Act,\n1966 is for specific

DCIT CIR 3(2)(1), MUMBAI vs. MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LTD, MUMBAI

circumstances of the case,\nCTT(A) has erred in not appreciating that the Appellant is a Special\nPlanning Authority appointed under section 40(1)(b) of The\nMaharashtra Regional and Town Planning Act, 1966 & the\ndevelopment charges collected by virtue of section 1240 of MRTP Act,\n1966 is for specific ... circumstances of the case,\nCIT (A) has erred in not appreciating that the Appellant is a Special\nPlanning Authority appointed under section 40(1)(b) of The\nMaharashtra Regional and Town Planning Act, 1966 & the\ndevelopment charges collected by virtue of section 124J of MRTP Act,\n1966 is for specific

DCIT 3(2)(1), MUMBAI vs. MAHARASHTRA AIRPORT DEVELOPEMENT CO. LTD, MUMBAI

circumstances of the case,\nCTT(A) has erred in not appreciating that the Appellant is a Special\nPlanning Authority appointed under section 40(1)(b) of The\nMaharashtra Regional and Town Planning Act, 1966 & the\ndevelopment charges collected by virtue of section 1240 of MRTP Act,\n1966 is for specific ... circumstances of the case,\nCIT (A) has erred in not appreciating that the Appellant is a Special\nPlanning Authority appointed under section 40(1)(b) of The\nMaharashtra Regional and Town Planning Act, 1966 & the\ndevelopment charges collected by virtue of section 124J of MRTP Act,\n1966 is for specific

DCIT 3(2)(1), MUMBAI vs. MAHARASHTRA AIRPORT DEVELOPEMENT CO. LTD, MUMBAI

Bench: Shri Kuldip Singh & Ms. Padmavathy Sassessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2015-16 M/S. Maharashtra Airport Deputy Commissioner Of Development Company Income Tax, Ltd., Circle (3)(2)(1), 6Th Floor, Room No.608, 6Th Floor, Vs. World Trade Centre, Aayakar Bhawan, Tower No.1, Cuffe Parade, M.K. Road, Mumbai – 400 005 Mumbai - 400020 Pan: Aadcm9623M (Appellant) (Respondent) Assessment Year: 2008-09 Assessment Year: 2012-13 Assessment Year: 2013-14 Assessment Year: 2014-15 Assessment Year: 2015-16 Dy/Asst. Commissioner Of M/S. Maharashtra Airport Income Tax-(3)(2)(1), Development Co. Ltd., Vs. 12Th Floor, Room No.608/674, 6Th Floor, World Trade Centre, Aayakar Bhavan, Tower No.1, Cuffe Parade

circumstances of the case, CTT(A) has erred in not appreciating that the Appellant is a Special Planning Authority appointed under section 40(1)(b) of The Maharashtra Regional and Town Planning Act, 1966 & the development charges collected by virtue of section 1240 of MRTP Act, 1966 is for specific ... circumstances of the case, CIT (A) has erred in not appreciating that the Appellant is a Special Planning Authority appointed under section 40(1)(b) of The Maharashtra Regional and Town Planning Act, 1966 & the development charges collected by virtue of section 124J of MRTP Act, 1966 is for specific

MAHARASHTRA AIRPORT DEVELOPMENT COMPANY LTD,MUMBAI vs. DCIT CIR 3(2)(1), MUMBAI

circumstances of the case,\nCTT(A) has erred in not appreciating that the Appellant is a Special\nPlanning Authority appointed under section 40(1)(b) of The\nMaharashtra Regional and Town Planning Act, 1966 & the\ndevelopment charges collected by virtue of section 1240 of MRTP Act,\n1966 is for specific ... circumstances of the case,\nCIT (A) has erred in not appreciating that the Appellant is a Special\nPlanning Authority appointed under section 40(1)(b) of The\nMaharashtra Regional and Town Planning Act, 1966 & the\ndevelopment charges collected by virtue of section 124J of MRTP Act,\n1966 is for specific