VidhiSangh

Supreme Court of India · 03/11/2022

ASSISTANT COMMISSIONER OF INCOME TAX (EXEMPTIONS) versus AHMEDABAD URBAN DEVELOPMENT AUTHORITY

[2022] 8 S.C.R. 581 · 2022 INSC 1155

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Summary

The Revenue sought clarification of the Supreme Court's judgment of 19.10.2022 in the Ahmedabad Urban Development Authority batch, which interpreted the "general public utility" limb of Section 2(15) of the Income Tax Act for many kinds of charities. It wanted liberty to redo past assessments and examine eligibility year by year. The Court explained that its conclusions were deliberately final for the assessment years that were before it. Where appeals were decided against the Revenue, those outcomes stand, save where a matter was expressly remitted to the assessing officer. For later assessment years not before the Court, the authorities must apply the law declared to the facts of each year. No further clarification was needed, and the application was disposed of.

Issues

  1. Whether the judgment interpreting Section 2(15) of the Income Tax Act, 1961 permitted the Revenue to reopen the assessment years decided in it and to examine charitable trusts' eligibility year by year in future.

Provisions considered

Held

Result

Miscellaneous Application No. 1849 of 2022 in Civil Appeal No. 21762 of 2017 disposed of with the explanation recorded; no further clarification issued.

Judgment PDF: Supreme Court of India, [2022] 8 S.C.R. 581.