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The ITAT examined the tax exemption claim of a statutory housing ...


Tax Exemption for Housing Development Authorities Upheld: Statutory Bodies Qualify as Public Utility Entities Under Section 11

April 12, 2025

Case Laws     Income Tax     AT

The ITAT examined the tax exemption claim of a statutory housing development authority under section 11. The tribunal held that statutory bodies engaged in housing and urban development are considered to be involved in "general public utility" and thus eligible for charitable status. The SC precedent in Ahmedabad Development Authority affirmed that such bodies can claim exemption despite losing previous tax benefits. The ITAT upheld CIT(A)'s direction to compute income under section 11, dismissed revenue's challenges regarding investment modes and employee benefits, and restored certain matters to the AO for detailed examination of infrastructure fund receipts and expenditure claims. The decision was ultimately rendered against the revenue.

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