2012 (6) TMI 829

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....ordance with the provisions of section 3 of the U.P. Act No.19 of 2004, has filed an application in form No.10A seeking registration under section 12A(a) of the Act. The application was accompanied by statements of Income and Expenditure for the assessment years 2007-08, 2008-09 and 2009-10 along with the balances sheets. The registration under section 12A of the Act was denied by the ld. Commissioner of Income-tax after having observed that as per U.P. Act No.19 of 2004, the applicant authority have been formed to develop, maintain and manage the State highways and any other highways vested in or entrusted to it by the State Government in the manner that the authority becomes largely independent of Government funding for the maintenance of....

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.... remitted to the State Government. Therefore, the assessee would not have any right over the fees collected under the Indian Tolls Act. Since the assessee is a non-profit making body, it cannot be called that its activities are of commercial in nature. The photocopy of the Notification is placed on record. The ld. counsel for the assessee further contended that while refusing registration, the ld. Commissioner of Income-tax has placed reliance upon the proposed Rules which were not accepted by the Government. The Rules notified are only U.P. State Highways "The Determination of Rates and Collection of Tolls Rules", 2011 which were notified in January, 2011. Therefore, refusal of registration by the ld. Commissioner of Income-tax is not prop....