Deduction u/s. 11 and 12 for an urban development authority

IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD “B” BENCH
(Conducted Through Virtual Court)
Before: Shri Rajpal Yadav, Vice President
And Shri Amarjit Singh, Accountant Member

ITA No. 577 /Ahd/2019
Assessment Year 2015-16

Dy. CIT (Exemption),
Circle-2, Ahmedabad
(Appellant)

vs

Gandhinagar Urban
Development
Authority (GUDA),
4th Floor, Udyog
Bhavan, Sector-11,
Gandhinagar
(Respondent)

Revenue by: Shri Vinod Tanwani, CIT-D.R.
Assessee by: Shri Mehul K. Patel, A.R.
Date of hearing : 17-08-2021
Date of pronouncement : 24-08-2021

ORDER

The fact in brief is that return of income declaring its income at Rs. nil was filed on 22nd Sep, 2015. The case was selected under scrutiny by issuing of notice u/s. 143(2) of the act on 26.09.2016. The assessee was incorporated to undertake the preparation of development plans, monitoring and control of development of town planning and carried out work in connection with supply for water and disposal of sewage and provisions for other services and activities for the benefit of public at large.

2. The funds are used for development of various public projects and number of other public is also the beneficiaries. The submission of the assessee along with the judicial pronouncements has been reported at page no. 2 to 7 of the assessment order.

3. Aggrieved assessee has filed appeal before the ld. CIT(A). The ld. CIT(A) has allowed the appeal of the assessee.

4. With the assistance of ld. representatives, we have gone through the aforesaid jurisdictional pronouncements referred by the ld. counsel and it is noticed that after following the decision of Hon’ble Gujarat High Court in the cases of Ahmedabad Urban Development Authority vs. ACIT 396 ITR 323 (Gujarat) and CIT Vs. Gujarat Industrial Development Corporation (2017) taxman.com 366 (Guj) the Co-ordinate Bench of the ITAT has adjudicated the similar issue on identical fact in the case of the assessee itself Vide ITA No. 3621/Ahd/2015 dated 23-07-2019 wherein the claim of the assessee has been allowed.

5. In the result, the appeal of the revenue is dismissed.
Order pronounced in the open court on 24-08-2021

Please find attached the enclosed file for the full judgement