Ita/461/2009 Of The Commissioner Of Income Tax,Trichur v. The Trichur Urban Development Authority

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 ITA.No. 461 of 2009() --------------------- (ORDER IN ITA NO.498/COCH/2008 OF INCOME TAX APPELLATE TRIBUNAL, COCHIN BENCH.) APPELLANT/APPELLANT: ----------------------------- THE COMMISSIONER OF INCOME TAX, TRICHUR. BY ADV. SRI.JOSE JOSEPH, SC, FOR INCOME TAX RESPONDENT(S): --------------- THE TRICHUR URBAN DEVELOPMENT AUTHORITY ,SAKTHAN ARACADE, THRISSUR. THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR &C.K.ABDUL REHIM, JJ.....................................................................I.T. Appeal No.461 of 2009 ....................................................................Dated this the 13th day of July, 2009. JUDGMENT Ramachandran Nair, J. The question raised pertains to respondent's claim of exemptionunder Section 10(20) of the Income Tax Act. We have heard SeniorStanding Counsel appearing for the appellant and have gone throughthe Tribunal's order. The Tribunal has given a finding that therespondent was controlled by the Municipal Corporation and ultimatelywas merged with the Trichur Municipal Corporation. In fact evenprior to it's merger with the Trichur Municipal Corporation, it wasfunctioning very similar to that of the Municipality. We are of theview that the Tribunal has rightly held that the respondent is entitled to exemption under Explanation (iii) to Section 10(20) of the Income TaxAct. The appeal is accordingly dismissed. C.N.RAMACHANDRAN NAIRJudge pms C.K.ABDUL REHIM Judge