Agra Development Authority v. Dy. CIT (2021) 89 ITR 490 (Agra)(Trib.)

S. 11 : Property held for charitable purposes-Authority constituted under Urban Planning and Development Act-Local authority-Acquisition and Development of Land-Discharging statutory and sovereign function-Activities having direct nexus with obligations-Charitable activities-Entitled to exemption. [S. 2(15), 10(20A), 12A]

Held that the predominant character of the activities continued to be that of the State and therefore the element of welfare and charity was inbuilt in them. The giving of buildings on rent, parking space, sale of tender document for the purpose of development, had direct nexus with the obligations of the assessee under the Act. These activities were undertaken by the assessee without any discrimination and on the basis of the guidelines issued by the State Government and other authorities in this regard. The activities of the assessee in receipt of amount from such activities could not be examined in isolation, as the assessee was propelled to do all these activities under the statutory obligation under 1973 Act, and therefore even if the receipts were more than the threshold limit, these activities which were driven by the 1973 Act could not be held to be in the nature of trade, commerce or business. (AY. 2009-10 to 2011-12)