2018 (7) TMI 137 - SC - Income Tax

Appellant not Local Authority for Tax Exemption.

New Okhla Industrial Development Authority Versus Chief Commissioner of Income Tax & Ors.

The Supreme Court held that the appellant is not a local authority under Section 10(20) of the Income Tax Act, 1961, as amended by the Finance Act, 2002. ... Exemption under Section 10(20) - scope of local authority u/s 10(20) - NOIDA - Notices issued by Income Tax Authority under Section 142 - Appellant challenging the said notices contended that appellant is a local authority, hence, is exempted from payment of income tax under Section 10(20) and Section 10(20A) - Held that:- Authority constituted under Act, 1976 with regard to which notification under proviso to Article 243Q(1) dated 24.12.2001 has also been issued is not akin to the Municipality constituted under Article 243Q(1). As per Explanation to Section 10(20), these are entities which mean the local authority. The submission of the appellant is that the appellant is covered by Clause (ii) of the Explanation i.e. “Municipality as referred to in clause (e) of Article 243P of the Constitution”. We, while discussing above provisions, have already held that the appellant is not covered by the word/expression of “Municipality” in clause (e) of Article 243P. Thus, the appellant is not clearly included in sub-clause (ii) of Explanation. It is not even the case of the appellant that the appellant is covered by Section 10(20) except clause (ii). Thus, we are of the considered opinion that the appellant is not covered by the definition of local authority as contained in Explanation to Section 10(20). - Decided against the assessee. Issues Involved:1. Whether the appellant is a local authority within the meaning of Section 10(20) of the Income Tax Act, 1961 as amended by the Finance Act, 2002.2. The status of the appellant by virtue of notification dated 24.12.2001 issued under Clause (1) of Article 243Q of the Constitution of India.Detailed Analysis:1. Whether the appellant is a local authority within the meaning of Section 10(20) of the Income Tax Act, 1961 as amended by the Finance Act, 2002:The appellant challenged the notices issued by the Income Tax Authority under Section 142 of the Income Tax Act, 1961, claiming exemption from income tax under Section 10(20) and Section 10(20A) of the Income Tax Act, 1961. The Division Bench of the Allahabad High Court initially allowed the writ petition, holding that the appellant is a local body covered by the exemption under Section 10(20A). However, the Finance Act, 2002, amended Section 10(20) and omitted Section 10(20A), leading to the appellant's taxation. The High Court later dismissed the writ petition, relying on Supreme Court judgments in Agricultural Produce Market Committee, Narela vs. Commissioner of Income Tax and Adityapur Industrial Area Development Authority vs. Union of India, which held that the appellant is not a local authority within the meaning of Section 10(20). The Supreme Court affirmed this view, stating that the definition of local authority in the Explanation to Section 10(20) is exhaustive and does not include the appellant.2. The status of the appellant by virtue of notification dated 24.12.2001 issued under Clause (1) of Article 243Q of the Constitution of India:The appellant argued that the notification dated 24.12.2001, issued under Article 243Q(1) of the Constitution, which specified the appellant as an 'industrial township,' entitled it to the benefit of Section 10(20). The Supreme Court, however, clarified that the proviso to Article 243Q(1) does not equate an industrial township with a Municipality as defined under Article 243P(e). The proviso is an exception to the constitution of a Municipality and does not confer the status of a Municipality to an industrial township. The Court further noted that the appellant, constituted under the U.P. Industrial Area Development Act, 1976, does not possess the essential features of a Municipality as envisaged by Part IXA of the Constitution, which includes being a vibrant democratic unit of self-government with elected representatives.Conclusion:The Supreme Court concluded that the appellant is not a local authority within the meaning of Section 10(20) of the Income Tax Act, 1961, as amended by the Finance Act, 2002, and is not entitled to the exemption from income tax. The notification under Article 243Q(1) does not confer the status of a Municipality to the appellant. Consequently, the appeals were dismissed.