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Judgment
Manmohan, J
CM APPL. 20148/2020
Allowed, subject to all just exceptions.
W.P.(C) 5574/2020
The petition has been listed before this Bench by the Registry in view of the urgency expressed therein. The same has been heard by way of video
conferencing.
Present writ petition has been filed seeking a direction to respondent No. 2 to notify the listed income of the petitioner as ‘specified income’
under Section 10(46) of the Income Tax Act, 1961.
Learned counsel for the petitioner states that the petitioner has made an application in November 2011 for Notification of its income under Section
10(46) of the Act, 1961, however no decision in this regard has been taken by the respondent No. 2. He points out that in the case of a similarly
placed authority i.e. Greater Noida Industrial Development Authority vs. Union of India and Others, this Court vide order dated 26th February, 2018 in
WP (C) 732/2017 has held that the activities of Greater Noida Authority are not commercial activity within the meaning of Clause (b) to Section
10(46) of the Act, 1961. He states that an appeal filed by the Revenue against the order has been dismissed by the Supreme Court.
He also points out that vide Notification dated 23rd June, 2020 the respondent has notified Greater Noida Industrial Development Authority under
Section 10(46) of Act, 1961.
Since the petitioner’s representation dated 15th November, 2011 has not been decided till date, we dispose of the present writ petition by
directing the respondent No. 2 to decide the petitioner’s application seeking exemption under Section 10(46) of Act, 1961 within twelve weeks in
accordance with law.
The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through e-mail.