In Brief
Real estate developers were advised by Greater NOIDA (an industrial development authority) that as a government entity, it was exempt from TDS requirements. When the Income Tax Department demanded TDS on lease rent payments, the developers challenged this. The Supreme Court held that while NOIDA and Greater NOIDA receive tax-exempt interest income under a 1970 notification, they must still receive TDS-deducted lease rent payments. The Court confirmed that NOIDA is not a 'local authority' under amended tax law (2003), and a 1995 circular justifying no TDS was invalidated when its legal basis was removed by subsequent amendments.", <parameter name="cited_cases">[ { "raw_citation": "Writ Petition Tax No. 1338 of 2005 (Allahabad High Court)", "case_name": "Not stated in cited case", "cited_year": "2011", "paragraph": "4, 8", "treatment": "referred", "treatment_by": "this_court" }, { "raw_citation": "Civil Appeal No. 792-793 of 2014", "case_name": "New Okhla Industrial Development Authority v. Commissioner of Income Tax-Appeals & Ors.", "cited_year": "2014", "paragraph": "11", "treatment": "followed", "treatment_by": "this_court", "treatment_quote": "By our judgment of the date in Civil Appeal No. 792-793 of 2014 New Okhla Industrial Development Authority v. Commissioner of Income Tax-Appeals & Ors., we have held that Noida is not a 'local authority' within the meaning of Section 10(20) of the Income Tax Act as amended by the Finance Act, 2002 w.e.f. 01.04.2003. For the reasons given by our judgment of the date in the above appeals, this submission has to be rejected." }, { "raw_citation": "CIVIL APPEAL No. _________ OF 2018 (arising out of SLP (C) No. 3168 of 2017)", "case_name": "Commissioner of Income Tax (TDS) Kanpur and Anr. v. Canara Bank", "cited_year": "2018", "paragraph": "12", "treatment": "relied", "treatment_by": "this_court", "treatment_quote": "Having held that Noida is covered by the notification dated 22.10.1970, the judgment of the Delhi High Court holding that Noida/Greater Noida is entitled for the benefit of Section 194A(3)(iii)(f) has to be approved." }, { "raw_citation": "Special Leave Petition (Civil) No. 34530 of 2016", "case_name": "Commissioner of Income Tax – TDS – Kanpur v. Central Bank of India", "cited_year": "2016", "paragraph": "8", "treatment": "referred", "treatment_by": "this_court" }, { "raw_citation": "Special Leave Petition (Civil) No. 33260 of 2016", "case_name": "Not stated in cited case", "cited_year": "2016", "paragraph": "7", "treatment": "referred", "treatment_by": "this_court" } ]
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