Hon'ble S.C. Chaurasia,J.
The present appeal is admitted on the following substantial questions of law :-
(1) Whether the respondent-State Urban Development Agency(SUDA) which is alleged to be financed by the State Government as well as by the Central Government and the registered under the Societies Registration Act is a state as defined under the Article 12 of the Constitution and discharging soverign functions of the State government and may be treated as a charitable organization defined under sub section 15 of Section 2 of the Income Tax Act and qualifies for exemption under section 12-A of the Income Tax Act ?
(2) Whether the grant/income/expenditure of the SUDA qualifies it to obtain exemption under section 11 of the Act and the registration under section 12-A of the Act ?
(3) Whether the findings of facts recorded by the Commissioner of Income Tax in declining to condone the delay of 19 years could have been condoned by the Income Tax Appellant Tribunal and whether the findings recorded by the Income Tax Appellate Tribunal are perverse ?
Sri S.K.Garg, learned counsel appearing for the respondent wants time to file documents in compliance of the order passed by this court earlier. Let the documents supported with an affidavit be filed within two weeks.
Learned counsel for the appellant may file rebuttal within two weeks thereafter.
List after four weeks for hearing.
Record shall also be produced as and when directed by this court during the course of hearing.
Order Date :- 18.1.2010 AKS