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november 2007

Supreme Court of India · 2007-11-27

U.P. FOREST CORPORATION vs DY. COMMNR. OF INCOME TAX

Citation / case number
SC 2003/4779
Court
Supreme Court of India
Petitioner
U.P. FOREST CORPORATION
Respondent
DY. COMMNR. OF INCOME TAX
Author
Ashok Bhan
Bench
ALTAMAS KABIR ASHOK BHAN

Judgment text excerpt

The Supreme Court ruled that the U.P. Forest Corporation does not qualify as 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's status does not confer tax exemption. Additionally, the Court held that the issue of registration under Section 12A for claiming charitable institution status was not previously raised and should be remanded for consideration.

U.P. FOREST CORPORATION vs DY. COMMNR. OF INCOME TAX · Niyam