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Assessee has raised the ground that the learned CIT(A) has erred in law and facts of the case in upholding IDC receipts as normal trading receipts ignoring that the money belongs to State Government and thus upholding addition of Rs. 357.72 crores which is highly unjustified and uncalled for.

Shanti Prime Publication Pvt. Ltd.

Sec. 4 of Income-tax Act, 1961— Income—- Assessee fund merely represented money set apart/pooled by the Government so as to facilitate its user for a specific purpose of infrastructure development in the State, all control over its collection and user remaining with the State,therefore, the fund entirely vested in the State and no separate entity, distinct from the State had been created by virtue of the creation of the fund, thus, there was no merit in the argument of the Revenue that the assessee itself having admitted being a distinct and separate entity from the State, while applying for grant of registration under s. 12A and filing IT returns - INFRASTRUCTURE DEVELOPMENT FUND V/s DY. CIT - [2020] 207 TTJ 001 (ITAT-CHANDIGARH).

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