DCIT (E) v. Surat Urban Development Authority. (2024) 209 ITD 424 (Ahd.)(Trib.)

S. 11 : Property held for charitable purposes-Development of areas and infrastructural activities-Autonomous body established by Government of Gujarat-Matter is set aside to file of Assessing Officer to consider same in accordance with law as enumerated by Supreme Court in case of Asstt. CIT (E) v. Ahmedabad Urban Development Authority (2022) 291 Taxman 11/ 449 ITR 1 (SC).[S. 2(15) 12AA]

Assessee,is an autonomous body, was established by Government of Gujarat for development of areas and infrastructural activities. It claimed exemption under section 11 of the Act. The Assessing Officer denied exemption. Commissioner (Appeals) allowed exemption holding that activities of assessee were not covered by proviso to section 2(15) read with section 13(8). On appeal the Tribunal  set aside the matter  to file of Assessing Officer to consider same in accordance with law as enumerated by Supreme Court in case of Asstt. CIT (E) v. Ahmedabad Urban Development Authority (2022) 291 Taxman 11/ 449 ITR  1 (SC). (AY. 2016-17, 2017-18)