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july 2018

Supreme Court of India · 2018-07-02

M/S NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY vs COMMISSIONER INCOME TAX APPEALS(41)

Citation / case number
SC 2017/15849
Court
Supreme Court of India
Petitioner
M/S NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY
Respondent
COMMISSIONER INCOME TAX APPEALS(41)
Author
HON'BLE MR. JUSTICE A.K. SIKRI
Bench
HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE A.K. SIKRI

Judgment text excerpt

The Supreme Court upheld the Delhi High Court's ruling that Greater Noida Industrial Development Authority qualifies as a local authority under Section 10(20) of the Income Tax Act, 1961, thus exempting it from income tax. The Court clarified that the respondent company, Rajesh Projects (India) Pvt. Ltd., was not liable for tax deduction at source under Section 194-I for lease payments made to Greater Noida. The appeals by the Income Tax authorities were dismissed, affirming the High Court's decision.

M/S NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY vs COMMISSIONER INCOME TAX APPEALS(41) · Niyam