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march 1998

Supreme Court of India · 1998-03-02

THE COMMISSIONER OF INCOME TAX, LUCKNOW. vs U.P. FOREST CORPORATION.

Citation / case number
SC 1989/70339
Court
Supreme Court of India
Petitioner
THE COMMISSIONER OF INCOME TAX, LUCKNOW.
Respondent
U.P. FOREST CORPORATION.
Author
A.P. MSIRA B.N. KIRPAL
Bench
A.P. MSIRA B.N. KIRPAL

Judgment text excerpt

The Supreme Court examined whether the U.P. Forest Corporation qualifies as a 'local authority' under Section 10(20) of the Income Tax Act, 1961, which would exempt its income from taxation. The Court held that the Corporation does not meet the criteria of a local authority as established in Union of India Vs. R.C. Jain, 1981 (2) SCR 854, and thus its income is taxable. The High Court's ruling that the Corporation was a local authority was overturned, emphasizing the necessity of following statutory procedures for tax disputes.

THE COMMISSIONER OF INCOME TAX, LUCKNOW. vs U.P. FOREST CORPORATION. · Niyam