VidhiSangh

Supreme Court of India · 02/07/2018

OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY versus CHIEF COMMISSIONER OF INCOME TAX AND ORS.

[2018] 7 S.C.R. 781 · 2018 INSC 559

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Summary

The Supreme Court held that NOIDA was not a local authority entitled to income-tax exemption under Section 10(20) after its amendment effective 1 April 2003. Its industrial-township notification exempted the area from constitution of a municipality; it did not constitute NOIDA as one. The amended Explanation exhaustively defined eligible local authorities, and performance of municipal functions could not enlarge it. The separate bank TDS issues were addressed in the companion judgment.

Issues

  1. Whether notification as an industrial township made NOIDA a municipality for the amended income-tax exemption.
  2. Whether the earlier local-authority functional test or former development-authority exemption survived the Finance Act, 2002 changes.

Provisions considered

Held

Result

Appeals dismissed; NOIDA held outside the amended Section 10(20) definition of local authority.

Judgment PDF: Supreme Court of India, [2018] 7 S.C.R. 781.