TaxTMI 
TaxTMI 
2026 (5) TMI 1394
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....for the purpose of planning, development or improvement of cities, towns and villages, within the notified area of Hapur. Return of Income for the assessment year under consideration was filed by the appellant on 26.9.2015 claiming benefit of section 11 of the Act on an income of Rs. NIL. The case of the Assessee was selected for scrutiny. The assessment proceedings were concluded vide assessment order dated 14.12.2017 at an income of Rs. 8,79,69,480/- against returned income of NIL. As against the assessment order dated 14/12/2017, the Assessee preferred an Appeal before the Ld. CIT(A)/NFAC. The Ld. NFAC/CIT(A) vide order dated 19/09/2025 allowed the Appeal of the Assessee. Aggrieved by the order of the Ld. CIT(A) 19/09/2025, the Revenue p....
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....held as under:- "4. We have heard both the parties and perused the records. At the time of hearing, ld. Counsel for the assessee submitted that on the first issue viz. activity of assessee/ development authority u/s 2(15) of the Act is concerned, this issue is squarely covered by the decision of the Tribunal in assessee's own case in ITA No. 4125/Del/2017 vide order dated 04.02.2022 relevant to assessment year 2012-13 wherein, the Tribunal relied upon the earlier decision in assessee's own case in ITA No. 1384 to 1386/2016 dated 6.6.2018 for assessment years 2009-10 to 2011-12, which 4 has been approved by the Hon'ble High Court. It is further submitted that recently in two decisions of the Coordinate Bench the present issue is ful....
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....evenue, but he has supported he order passed by the Ld. CIT(A). 7. We have heard both the parties and perused the records. As regards the issue of activity of assessee/ development authority u/s 2(15) of the Act is concerned, we note that this issue is squarely covered by the decision of the Tribunal in assessee's own case in ITA No. 4125/Del/2017 vide order dated 04.02.2022 relevant to assessment year 2012-13 wherein, the Tribunal relied upon the earlier decision in assessee's own case in ITA No. 1384 to 1386/2016 dated 6.6.2018 for assessment years 2009-10 to 2011-12, which has been approved by the Hon'ble High Court. The relevant findings of the Tribunal in its order dated 04.02.2022 are as under:- "8. At the very outse....
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.... vide judgment delivered on 21.4.2021, has decided similar issue in assessee's favour. The Delhi Bench of the Tribunal in Moradabad Development Authority vs. ACIT (Exemption), vide order dated 4.1.2018 in ITA No. 4631 and 4632/Del/2017, dealt with the case of an Authority working in the same way as the assessee in question and held that the benefit of exemption under section 11 cannot be denied. In reaching this conclusion, the Tribunal considered the relevant judgments on the point and eventually held that the case is covered by the judgment of Hon'ble Jurisdictional High Court in the case of Yamuna Express way Industrial Development Authority (supra). A copy of such order has been placed on record in which the relevant discussion ....
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....1-12, which have already been decided in favour of the assessee. So, in these circumstances, the Revenue authorities are required to follow the "principle of consistency", as has been laid down by Hon'ble Supreme Court in the case of Radhasoami Satsang vs. CIT (1992) 193 ITR 321 (SC). Consequently, grounds Nos. 1 to 4 are decided in favour of the assessee." 7.1 In view of above, and respectfully following the aforesaid precedents, we are of the considered view that now the issue is no longer res integra, as it has already been held that there is no good reason for holding that Statutory bodies could not be treated as charitable within the meaning of section 2(15) of the Act, as its object is to provide shelter to the homeless p....