Constitutional immunity for State-controlled conservation bodies prevents income-tax assessment and invalidates bank-account attachment for recovery.

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Full Text of the Document

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....Article 289(1) immunises the property and income of a State from Union taxation, overriding an inconsistent charge under the Income-tax Act. A State-controlled conservation society, governed and staffed by State functionaries, financially and functionally dependent on the State, and discharging environmental conservation obligations linked to Article 48A, falls within State instrumentality principles. Statutory, ring-fenced conservation funds and incidental interest constitute public funds held in trust rather than ordinary commercial receipts. Such income cannot be charged to tax, and tax-recovery action lacks jurisdiction. Bank-account attachment for recovery under the Income-tax Act was therefore unsustainable and quashed.....