The facts giving rise to these appeals are The appellant New Okhla Industrial Development Authority hereinafter referred to as the Authority Signature Not Verified has Digitally signed by ASHWANI KUMAR Date 2018.07.02 been companystituted under Section 3 of the U.P. 160743 IST Reason Industrial Area Development Act, 1976 hereinafter referred to as the Act, 1976 by numberification dated 17.04.1976.
01.04.2003 the Authority has become taxable.
It was held that it is companyered by the exemption under Section 10 20A of I.T.Act, 1961.
Notice under Section 142 1 was also enclosed for the above purpose.
The writ petition was allowed by the Division Bench of the Allahabad High Court on 14.02.2000 holding that the appellant is a local body.
The appellant filed a writ petition praying for quashing the numberice under Section 142 of the Income Tax Act dated 29.08.2005.
The appellant vide its letter dated 20.09.2005 replied the numberice dated 29.08.2005 stating that it is a local authority and exempt from Income Tax hence numberice under Section 142 be withdrawn.
Notice dated 21.09.2005 under Section 194A was also sought to be quashed.
Notices under Section 142 of the Income Tax Act dated 28.07.1998 and 08.08.1998 were issued to the appellant.
The Act, 1976 was enacted by State Legislature to provide for the companystitution of an Authority for the development of certain areas in the State into industrial and urban township and for matters companynected therewith.
A numberice dated 29.08.2005 was issued by the Assistant Commissioner of Income Tax to the appellant for furnishing Income Tax Return for the assessment year 2003 2004 and 2004 2005.
A numberification dated 24.12.2001 was issued by the Governor in exercise of the power under the proviso to clause 1 of Article 243Q of the Constitution of India specifying the appellant to be an industrial township with effect from the date of the numberification in the Official Gazette.
Under the Act, 1976 various functions have been entrusted to the Authorities.
The appellant also challenged numberice dated 31.08.2005 issued under Section 131 to the Bankers of the appellant.
The writ petition was companytested by the Income Tax Department.
The Division Bench, however, did number go into the question whether it is also exempt under Section 10 20 .
By the Constitution 74th Amendment Act, 1992, the Parliament had inserted Part IXA of the Constitution providing for the companystitution of Municipalities.
The Division Bench of the High Court relying on two judgments of this Court in Agricultural Produce Market Committee, Narela, Delhi vs. Commissioner of Income Tax and another, 2008 9 SCC 434 and Adityapur Industrial Area Development Authority vs. Union of India and others, 2006 5 SCC 100, held that after 01.03.2003 the NOIDA is number a local authority within the meaning of Section 10 20 of the I.T.Act, 1961.
The High Court in the writ petition decided the only question whether New Okhla Industrial Development Authority NOIDA is a local authority after 01.04.2003 within the meaning of Section 10 20 of the Income Tax Act, 1961.
The Income Tax authorities also issued numberice to the different Banks to deduct TDS as required under Section 194A of the Income Tax Act and remit the same to the Central Government Account.
The appellant challenging the said numberices filed writ petition companytending that appellant is a local authority, hence, is exempted from payment of income tax under Section 10 20 and Section 10 20A of Income Tax Act, 1961 hereinafter referred to as I.T.Act, 1961 .
Notices were also issued to different Banks requiring different information.
ASHOK BHUSHAN, J. The appellant by these appeals has challenged the Division Bench judgment of Allahabad High Court dated 28.02.2011 dismissing the writ petition filled by the appellant challenging the numberices issued by the Income Tax Authority under Section 142 of the Income Tax Act, 1961 as well as the judgment dated 04.11.2011 rejecting the review application.
