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november 2007

Supreme Court of India · 2007-11-27

U.P. Forest Corporation And Anr vs Dy. Commissioner Of Income Tax, Lucknow

Citation / case number
AIRONLINE 2007 SC 251
Court
Supreme Court of India
Petitioner
U.P. Forest Corporation And Anr
Respondent
Dy. Commissioner Of Income Tax, Lucknow
Author
Ashok Bhan
Bench
Ashok Bhan, Altamas Kabir

Judgment text excerpt

The Supreme Court held that the U.P. Forest Corporation is not a 'local authority' under Section 10(20) of the Income Tax Act, 1961, despite being designated as such under the U.P. Forest Corporation Act, 1974. The Court clarified that definitions in the General Clauses Act, 1897 govern Central Acts, and thus the Corporation does not qualify for tax exemption. The Court also directed that the issue of registration under Section 12A for charitable status should be remanded for further consideration, as it was not previously addressed by lower authorities.

U.P. Forest Corporation And Anr vs Dy. Commissioner Of Income Tax, Lucknow · Niyam