On appeal against the judgment of the High Court dismissing the Department’s appeals and granting the assessee the benefit under section 10(20) of the Income-tax Act, 1961, allowing the appeal, that when the assessee had never claimed the benefit under section 10(20) of the Act, the High Court was not justified in dismissing the appeals granting the benefit to the assessee under section 10(20) of the Act. The High Court was to consider the appeals afresh in accordance with law and on their own merits. Matter remanded.
CIT(E) v. Jaipur Development Authority (2022) 447 ITR 646 /218 DTR 530 / 329 CTR 222 / 145 taxmann.com 119/ (2023) 290 Taxman 109 (SC)
S. 10(20) :Local authority-Appeal to High Court-Assessee not claiming benefit under section 10(20)-High Court not justified in dismissing Department’s appeals granting benefit-Order of High Court set aside with the direction to consider the appeals afresh in accordance with law and on merits. [S. 260A]