2019 (7) TMI 703 - HC - Income Tax

Exemptions u/s. 11 12 denied - activities of the assessee authority are covered by first and second proviso to section 2(15) - Whether entitled to exemption u/s 11 and 12 as per provisions of section 13(8)? - HELD THAT - Appellate Tribunal has taken view and had ensured the activities of AUDA are at par with the activities of the Gujarat Housing Board. The view taken is that the activities of the assessee are covered under Section 2(15). The endeavour on the part of Ms. Bhatt, the learned senior standing counsel appearing for the Revenue is to bring the case within the proviso. The submission of Ms.Bhatt is that the Gujarat Housing Board might be constructing residential houses for a weaker section of the society or to put it in other words for backward class of the society but, ultimately, it earns business and earns profit out of it. In our opinion what is sought to be submitted by Ms.Bhatt seems to have been taken care of by the decision of this Court in GUJARAT HOUSING BOARD (GHB) 2018 (7) TMI 2012 - GUJARAT HIGH COURT With respect to Gujarat Housing Board itself on the very same proposed question of law, a coordinate Bench of this Court dismissed the appeal relying on the decision of this Court in the matter of AUDA. It is brought to our notice that the issue is now pending before the Supreme Court. Question proposed cannot be termed as a substantial question of law involved in this Tax Appeal.

Issues:
1. Interpretation of provisions related to deduction/exemptions under sections 11 and 12 of the Income Tax Act.
2. Application of first and second proviso to section 2(15) of the Act.
3. Comparison of activities of different authorities for determining entitlement to exemptions.
4. Consideration of decisions by the Appellate Tribunal and High Court in similar cases.
5. Pending issue before the Supreme Court regarding the same matter.

Analysis:
1. The Tax Appeal concerned the interpretation of provisions related to deduction/exemptions under sections 11 and 12 of the Income Tax Act, 1961. The Revenue challenged the order of the Appellate Tribunal dated 16.11.2018, questioning whether the Tribunal erred in setting aside the issue of deduction/exemptions under sections 11 and 12 without considering the applicability of the provisos to section 2(15) of the Act.

2. The Appellate Tribunal relied on the decisions of the High Court in cases involving the Ahmedabad Urban Development Authority and the Gujarat Housing Board to determine the activities undertaken by the assessee authority. It was noted that the activities of the assessee were considered to be covered under Section 2(15) of the Act, which impacted their entitlement to exemptions under sections 11 and 12 of the Act.

3. The arguments put forth by the Revenue's counsel aimed to bring the case within the provisos to section 2(15) by highlighting the profit-making aspect of the Gujarat Housing Board's activities. However, the Court found that the decisions of the High Court had already addressed and considered such arguments, indicating that the activities of the assessee were in line with the provisions of the Act.

4. It was also highlighted that a coordinate Bench of the High Court had previously dismissed an appeal related to the Gujarat Housing Board, relying on the decision involving the Ahmedabad Urban Development Authority. The matter was mentioned to be pending before the Supreme Court, indicating a consistent approach by the judiciary in similar cases.

5. Considering the precedents and the lack of substantial legal questions in the present appeal, the Court concluded that the proposed question by the Revenue did not qualify as a substantial question of law. As a result, the appeal was dismissed, aligning with the decisions and interpretations provided in previous cases involving similar issues.

This comprehensive analysis of the judgment provides a detailed understanding of the legal issues involved and the Court's reasoning in arriving at its decision.

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