1995 (2) TMI 46

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.... of India is directed against the order of the Assessing Officer as well as the Commissioner of Income-tax (Appeals) under the provisions of the Income-tax Act, 1961 (in short, "the Act"), holding the petitioner not to be a "local authority" and thus exempt from payment of income-tax under section 10(20) of the Act. The assessment proceedings in question are for the assessment year 1991-92. It app....

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....en this fact was pointed out, Mr. Arun Jaitley, learned counsel for the petitioner, submitted that since the question of inherent jurisdiction is involved, the writ petition is also maintainable. He states that there are various judgments of the Supreme Court as well as of the High Court in support of the submission that a writ petition would lie and he says that in some cases, the judgments refer....

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.... v. A. K. Jain, IAC of I. T. [1990] 185 ITR 513 and a Kerala High Court decision in Antonottov. TRO [1988] 171 ITR 461. It is also submitted by Mr. Pandey that section 10(29) of the Act has also to be considered. We may reproduce sections 10(20) and 10(29) of the Act as under : "Section 10(20).--The income of a local authority which is chargeable under the head 'Income from house property', 'Ca....

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....r would fall under section 10(20) and/or section 10(29) of the Act" could be decided by the Appellate Tribunal under the Act. It is not a case where the petitioner has to come to this court immediately when notice under the Act was issued. But it has already availed of the remedy of appeal in the first instance. In these circumstances, primarily keeping in view the decision of the Supreme Court in....