2023 (7) TMI 577 - HC - Income Tax

Benefit of the provision of Section 10(46) - Yamuna Expressway Industrial Development Authority - notification dated 24.12.2020, which was issued qua the petitioner/assessee, with regard to AYs 2014-15 to 2018-19 should be extended to the AYs which are subject matter of its application dated 06.04.2021 - petitioner/assessee has filed an application, followed by multiple reminders for disposal of the same application - HELD THAT - To be noted, the AYs which are subject matter of the same application are 2019-20 to 2023-24. It appears that the aforementioned notification was issued via judgment passed by a coordinate bench in Yamuna Expressway Industrial Development Authority v. Union of India Ors 2020 (8) TMI 903 - DELHI HIGH COURT . So far as this court is concerned, in respect of Greater Noida Industrial Development Authority a similar approach has been adopted 2022 (12) TMI 1421 - DELHI HIGH COURT Order (i) The concerned authority will dispose of the application filed by the petitioner/assessee within six weeks of receipt of a copy of the judgment. (ii) The concerned authority will accord a personal hearing to the authorised representative of the petitioner/assessee. For this purpose, notice will be served on the petitioner/assessee, indicating the date, time and venue fixed for the hearing. The concerned authority will have liberty to conduct the hearing via video conferencing. (iii) The concerned authority will pass a speaking order, bearing in mind the judgments referred to hereinabove, and the notification dated 24.12.2020.

Summary

Issues involved:
The principal grievance of the petitioner/assessee is the non-availability of the benefit of Section 10(46) of the Income Tax Act, 1961 for certain Assessment Years. The petitioner seeks extension of a notification issued for specific Assessment Years to cover additional years.

Details of the Judgment:

Issue 1: Benefit of Section 10(46) of the Income Tax Act

The petitioner/assessee raised concerns regarding the non-availability of the benefit of Section 10(46) of the Income Tax Act for certain Assessment Years. They filed an application dated 06.04.2021, followed by multiple reminders, requesting the extension of a notification issued for AYs 2014-15 to 2018-19 to cover AYs 2019-20 to 2023-24. The notification in question was issued through a judgment dated 25.08.2020 passed by a coordinate bench in a related case. The court noted a similar approach taken for another authority in a separate judgment dated 14.12.2022.

Issue 2: Directions and Disposal of Writ Petition

The writ petition was disposed of with specific directions to the concerned authority. The authority was instructed to dispose of the petitioner's application within six weeks of receiving a copy of the judgment. A personal hearing was to be accorded to the petitioner's authorized representative, with the option of conducting the hearing via video conferencing. The authority was required to issue a speaking order considering the relevant judgments and the notification dated 24.12.2020. The petitioner was granted the liberty to seek further remedies if aggrieved by the authority's decision. Additionally, any adverse decision by the authority was not to be implemented for eight weeks from the date of rendering. The parties were instructed to act based on the digitally signed copy of the order.

This summary provides a detailed overview of the issues involved in the judgment and the specific directions given by the court for each issue.