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Core Purpose

The Central Government notifies the Yamuna Expressway Industrial Development Authority as an authority whose specified income is exempt from income tax under clause (46) of section 10 of the Income-tax Act, 1961, with retrospective effect.

Detailed Summary

The Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, in Notification No. 48/2023 (S.O. 3050(E)) dated 11 July 2023, exercising powers under clause (46) of section 10 of the Income-tax Act, 1961 (43 of 1961), notifies the 'Yamuna Expressway Industrial Development Authority' (PAN AAALT0341D), an authority constituted by the State Government of Uttar Pradesh, in respect of specified income comprising grants from the State Government, moneys from disposal of land, buildings and other movable/immovable properties, rent, fees and other charges from such disposal, interest earned on bank deposits, and interest/penalties on deferred payments from allottees; the exemption is conditional on the Authority not engaging in commercial activity, its activities and specified income remaining unchanged, and its filing income tax returns under clause (g) of sub-section (4C) of section 139 of the Income-tax Act, 1961; the notification is deemed to apply from financial year 2018-2019 through financial year 2022-2023, given retrospective effect pursuant to the order of the Delhi High Court in Yamuna Expressway Industrial Development Authority v. Union of India and Others (W.P. (Civil) No. 5318 of 2023), dated 26 April 2023 and digitally signed on 25 May 2023; the notification bears file number F. No. 300196/4/2014-ITA-I(Pt.-1) and is signed by Vikas Singh, Director, ITA-I.

Full Text

4437 GI/202 3 (1) रजजस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 2923] NEW DELH I, TUES DAY, JULY 11, 2023/ASHADHA 20, 194 5 CG-DL-E-11072023-247226 MINISTRY OF FINANCE (Department of Revenue ) (CENTRAL BOARD OF DIRECT TAXES) NOTIFICATION New Delhi, the 11th July, 2023 S.O. 3050 (E).—In exercise of the powers conferred by clause (46) of section 10 of the Income -tax Act, 1961 (43 of 1961), the Central Government hereby notifies for the purposes of the said clause, ‘Yamuna Expressway Industrial Development Authority’, (PAN AAALT0341D), an a uthority constituted by the State Government of Uttar Pradesh, in respect of the following specified income arising to that Authority , namely: - (a) Grants received from the State Government; (b) Moneys received from the disposal of land, building and other proper ties, movable and immovable; (c) Moneys received by the way of rent & fees or any other charges from the disposal of land, building and other properties, movable and immovable; (d) The amount of interest earned on the funds deposited in the banks; and (e) The amount o f interest/penalties received on the deferred payment received from the Allottees of various movable or immovable properties. 2. This notification shall be effective subject to the conditions that Yamuna Expressway Industrial Development Authority, - (a) shall not engage in any commercial activity; (b) activities and the nature of the specified income shall remain unchanged throughout the financial years; and (c) shall file return of income in accordance with the provision of clause (g) of sub -section (4C) of section 139 of the Income -tax Act, 1961. 3. This notification shall be deemed to have been applied for the financial year 2018 -2019 to financial year 2022 -2023. [Notification No. 48 /2023 /F. No. 300196/4/2014 -ITA-I(Pt.-1)] VIKAS SINGH , Director, ITA -I Explanatory Memorandum This notification shall be given retrospective effect for the financial year 2018 -19 to financial year 2022 -23 in view of the Order of the Hon’ble Delhi High Court in matter of Yamuna Expressway Industrial Development Authority V. Union of India and Others in [W.P. (Civil) No. 5318 of 2023], dated 26 th of April, 2023 digitally signed on 25th of May, 2023. It is certified that no person is being adversely affected by giving retrospective effect to this notification . Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, D elhi-110054.

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