| Case ID |
09ea446e-1d19-48bf-ab18-b1c759287109 |
| Body |
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| Case Number |
WRIT PETITION (L) NO. 2297 OF 2011 |
| Decision Date |
Oct 21, 2011 |
| Hearing Date |
|
| Decision |
The Bombay High Court held that the petitioner, City & Industrial Development Corporation of Maharashtra Ltd. (CIDCO), was an agent of the State Government for the Navi Mumbai project. It was noted that for the assessment years 2003-04, 2004-05, and 2005-06, the Assessing Officer had accepted the position of CIDCO as an agent of the State, but for the assessment year 2006-07, it was deemed chargeable to tax. The court directed the appellate authority to expedite the disposal of CIDCO's appeal against the assessment order and granted a stay on the recovery of the tax demand pending the appeal's resolution. This ruling emphasized the need to consider the agency relationship of CIDCO with the State in tax assessments, ensuring that the corporation's role in urban development is recognized appropriately. |
| Summary |
In the case of City & Industrial Development Corporation of Maharashtra Ltd. v. Assistant Commissioner of Income-tax, the Bombay High Court examined the tax obligations of CIDCO concerning its role as an agent of the Government of Maharashtra in the Navi Mumbai project. The court addressed the complexities surrounding tax assessments for the assessment year 2006-07, where CIDCO was brought to tax despite prior acceptance of its agency status by the Assessing Officer for earlier years. The judgment underscored the importance of recognizing statutory obligations and the implications of acting as an agent of the State in tax matters. The decision highlighted the necessity for clarity in tax assessments for entities engaged in public projects, ensuring that the rights of such organizations are protected while balancing the interests of revenue collection. |
| Court |
Bombay High Court
|
| Entities Involved |
Assistant Commissioner of Income-tax,
City & Industrial Development Corpn. of Maharashtra Ltd.
|
| Judges |
Dr. D.Y. Chandrachud,
A.A. Sayed
|
| Lawyers |
S.E. Dastoor,
Madhur Agarwal,
Atul K. Jasani,
Tejveer Singh
|
| Petitioners |
City & Industrial Development Corpn. of Maharashtra Ltd.
|
| Respondents |
Assistant Commissioner of Income-tax
|
| Citations |
2012 SLD 3159,
(2012) 343 ITR 102
|
| Other Citations |
Percival Joseph Pareira v. Special Land Acquisition Officer [Writ Petition No. 1211 of 2009, dated 7-11-2009]
|
| Laws Involved |
Income-tax Act, 1961
|
| Sections |
220
|