TaxTMI 
TaxTMI 
2021 (6) TMI 131
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.... decision of Hon'ble ITAT in the assessee's own case"? 2. Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) is right in merely following the decision of Hon'ble ITAT in the assessee's own case for A.Y. 2011-12 where it was held that the land belongs to the state government and merely its possession was given to the assessee ignoring the facts that the land was leased by assessee as lessor that too for long periods such as 30/60/90 years and too without any references of Government or Governor as also required under Article 299 of Constitution, at prices determined by it, ignoring the principle of memo dat quod dat quod non habit, such transfer was accepted by the registrar office and other facts, legal position facts and arguments brought out by the AO, CIT(A) and CIT DR in oral arguments and in written synopsis. 3. "Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) is right in holding that the land belongs to the state government and merely its possession was given to the assessee merely following the decision of Hon'ble ITAT in the assessee's own case for A.Y.2011-12 igno....
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.... Government can not to be considered for determining the status of the agency. 7. Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) is justified in following the decision of Hon'ble ITAT in the assessee's own case for A.Y.2011-12 where it was held that ownership of land vest with the state government and the income arising there from viz. lease premiums, rent, interest income on funds parked as deposits with the bank etc. belong to State and cannot be assessed as the income of the assessee corporation despite the fact that the Hon'ble ITAT also held in their earlier order dated 27.03.2015 in the same case for A.Y.2011-12 that the assessee is not an 'agent' of the state government which had been upheld by the Hon'ble High Court in appeal No. 10 of 2016 in order dated 14.08.2018?" 8. Whether on the facts and in the circumstances of the case and in law, the Ld.CIT(A) is right in following the decision of Hon'ble ITAT in the assessee's own case for A.Y.2011-12 where it was held that ownership of land vested with the state government and income arising there from viz. lease premium, rent, interest income....
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....18.03.2015 passed u/s 143(3) r.w.s. 147 of the Act and added thereby the lease premium amount and other receipts which were received by the assessee for and on behalf of the Government of Maharashtra. 4. Upon assessee's appeal learned CIT(A) referred and followed ITAT order in assessee's own case for A.Y. 2011-12 where identical issue was decided in favour of the assessee. Accordingly learned CIT(A) allowed the assessee's appeal. The order of learned CIT(A) reads as under : "Against the order of the CIT(A), the Appellant once again filed an appeal to the Hon'ble ITAT, and the Tribunal vide order dated 07.09.2018 allowed the appeal of the Appellant with the following observations: "13. We shall now advert to the core issue involved in the present appeal i.e as to whether the CIT(A) was right in law and the facts of the case in concurring with the A.O that as the lands under consideration were not owned by the Government of Maharashtra, hence the income arising therefrom viz. lease premiums, rent, interest income earned on the funds parked as deposits with the banks etc. were liable to be assessed as the income of the assesses corporation. We are of ....
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....rewith. Still further, the assessee corporation as provided in Sec. 15 of the MIDC Act interalia stands vested with the powers viz. (i). to acquire and hold such property, both movable and immovable as the assessee corporation may deem necessary for the performance of any of its activities and to lease, sell, exchange or otherwise transfer any property held by it on such conditions as may be deemed proper by it; (ii). to purchase by agreement or to take on lease or under any form of tenancy any land, to erect such buildings and to execute such other works as may be necessary for the purpose of carrying out its duties and functions; (iii), to provide or cause to be provided amenities and common facilities in industrial estates and industrial areas and construct and maintain or cause to be maintained works and buildings thereof; (iv) to make available buildings on hire or sale to industrialists or persons intending to start industrial undertakings; (v). to construct buildings for the housing of the employees of such industries; (vi). to allot factory sheds or such buildings or parts of buildings, including residential tenements to suitable persons in the industrial estates establishe....
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....absolutely in the State Government free from all encumbrances. Still further, as per sub-section (5) of Sec. 32 of the MIDC Act, where any land is vested with the State Government under sub-section (4) of Sec. 32 of the MIDC Act, then the State Government may by notice in writing order any person who may be in possession of the land to surrender or deliver possession thereof to the State Government or any person duly authorised by it in this behalf within thirty days of the service of the notice. As per sub-section (7) of Sec. 32 of the MIDC Act, after the land had been acquired for the assessee. corporation or any local authority, the State Government shall, after it has taken possession thereof, by notification in the official gazette transfer the land to the assessee corporation or that local authority, as the case may be, for the purpose for which it was acquired and the provisions of Sec. 43-1A of the MIDC Act shall thereafter be applicable. As per Sec. 43-1A of the MIDC Act, for the furtherance of the Act, the State Government may by notification in the official gazette, upon such conditions as may be agreed between it and the assessee corporation, place at the /alters dispos....