2014 (12) TMI 1311 - AT - Income Tax

Reference to taxability of CIDCO as assessee liable to tax - income to the assessee by way of remuneration received from the State Government - assessee should be held to be an agent of the State or an arm of the State and exempt from assessment of income in his hands - Held that - In assessee s own case for the assessment year 2006-07 2012 (9) TMI 331 - ITAT MUMBAI , we found that all the addition made by the AO have been deleted except income of assessee by way of remuneration received from the State Government. In this regard, the Tribunal at para 48 has directed the AO to decide the case on merits with regard to the income of ₹ 5 lakhs received by the assessee, after allowing deduction for any expenses incurred wholly and exclusively for the purpose of earning the said income. It is clear that only with respect to remuneration from State Government, the matter was restored back to the file of AO. All other additions were deleted. Respectfully following the order of the Tribunal, we delete all the additions except the amount of remuneration, if any received from the State Government and direct the AO to decide the taxability of such remuneration after allowing deduction for any expenses incurred wholly and exclusively for the purpose of earning the said income.

Summary

Issues:
Taxability of CIDCO as assessee liable to tax.

Analysis:
The appeals filed by Revenue were against the order of CIT(A) for the assessment years 2003-04 to 2005-06, regarding the taxability of CIDCO as an assessee. The Tribunal referred to the order in the assessee's own case for the assessment year 2006-07, where it was established that CIDCO is a government undertaking of Maharashtra. CIDCO, with 100% beneficial ownership by the government, is responsible for city development projects in various locations. The Tribunal noted that CIDCO is empowered to carry out development activities as per government resolutions for different projects.

The assessment made on CIDCO was deleted by CIT(A) following the Tribunal's order in the assessee's own case. The Revenue conceded that the appeals were covered by the Tribunal's previous decision for the assessment year 2006-07. The Tribunal extensively analyzed Article 289 of the Constitution of India, which exempts state property and income from Union Taxation. It emphasized the necessity of a commercial motive for an activity to be taxable, citing relevant legal precedents.

The Tribunal concluded that CIDCO acts as an agent of the State Government of Maharashtra, based on various resolutions and legal provisions. It highlighted that CIDCO does not engage in independent business activities and all its functions are on behalf of the government. The Tribunal held that CIDCO's income is not taxable as it is deposited in the Consolidated Fund of the State. It also noted the department's consistent assessment of CIDCO as a state government undertaking.

The Tribunal deleted the business income assessed on CIDCO and dismissed other grounds related to assets and expenses. It directed the assessing officer to decide on the taxability of remuneration received by CIDCO from the State Government. The appeals of the Revenue were allowed in part for statistical purposes, following the Tribunal's previous decision in the assessee's case for the assessment year 2006-07.