Meaning of “Authority”

The meaning of authority under section 10(29) of the Income Tax Act is not defined in the act itself. But we can take guidance from decisions by various high courts. Here are excerpts of courts orders in which the Hon’ble High Court tried to explain the meaning of authority.

Meaning of authority defined by court

The phrase ‘authority’ used in section 10(29) of the Income Tax Act came up before various high courts as detailed under :

1. Hon’ble Kolkata high court explained the meaning of ‘authority’ while delivering judgment in Singhal Bros. (P.) Ltd. vs. CIT [1980] 124 ITR 147 (Cal.) as under :

Meaning :  The mere fact that a juristic personality is created under any particular statute or law having as its direct or indirect object, marketing of commodities, will not make the entity an ‘authority’ within the meaning of the said sub-section. Such juristic entity or personality must have some other attributes which would entitle it to claim to be an ‘authority’.

2. Hon’ble Rajasthan high court explained the meaning of ‘authority’ while delivering judgment in Addl. CIT vs. Rajasthan State Warehousing Corpn. [1987] 32 Taxman 339/167 ITR 694 (Raj.) as under :

Meaning :  A particular expression may assume a different meaning in a particular context. It appears that when anybody is constituted under any law with the object of marketing of commodities, then that body would be an authority and such an authority will be covered under section 10(29). That body being a statutory corporation exercising the statutory powers and functions would be an autho-rity entitled to claim exemption on income from letting of godowns and/or warehouses.

3. Hon’ble Punjab & hariyana high court explained the meaning of ‘authority’ while delivering judgment in Balbir Singh v. CIT [1984] 146 ITR 266/18 taxman 67 (Punj. & Har.) as under :

Section : 132

Meaning :  The word ‘authority’ occurring in section 132A cannot be construed to include ‘court’ also.

Section 10(29) of the Income Tax Act

(29) Omitted by the Finance Act, 2002, w.e.f. 1-4-2003;

In this article, you can get guidance from high courts on the meaning of authority under section 10(29) of the Income Tax Act.

Updated up to Finance Act 2021