Cane Development Council v. ITO (2023)104 ITR 12 (SN)(Delhi) (Trib)

S. 10(20): Local authority-Change of law-For years prior to and subsequent to AY in question assessee treated as “local authority”-To be assessed as local authority for year in question-Not as artificial juridical person. [S. 2(31)(vii)]

For A.Y. 2014-15, the assessee filed its return declaring taxable income at NIL, it being a a local authority. However,  in view of the amendment effected in section 10(20) of the Act with effect from April 1, 2003, the AO treated the assessee as an “artificial juridical person” and held that the assessee had failed to furnish the audit report, balance-sheet, profit and loss account and details of the expenses claimed in the return. On appeal, the Tribunal held that for the AY 2017-18 in the assessee’s own case the A.O. and CIT (A) had accepted the stand of the assessee that it was a Local Authority for the AYs 2015-16 and 2016-17. Therefore, on identical facts, which had attained finality, the assessee was to be assessed as a local authority and its receipts were not chargeable to tax. (AY. 2014-15)

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