VIDARBHA HOUSING BOARD Vs. INCOME TAX OFFICER

JUDGEMENT

(1.) BY this writ petition filed under Arts. 226 and 227 of the Constitution, the petitioner, Vidarbha Housing Board, Nagpur, is seeking to challenge the validity and/or legality of the notice dated 6th March, 1968, issued by the ITO, City Circle and Refunds, Nagpur (being Annexure "A" to the petition). The impugned notice is sought to be attacked as being without jurisdiction and in excess of authority of the officer concerned, and the circumstances in which the challenge is made may be stated.

(2.) THE petitioner, that is, the Vidarbha Housing Board, Nagpur, is a body corporate having been established under the Madhya Pradesh Housing Board Act, 1950 (Act No. XLIII of 1950). It appears that initially under the said Act a common housing board both for Vidarbha region and Mahakoshal region was constituted by the name of Madhya Pradesh Housing Board. Later on, under another Act called the Madhya Pradesh Statutory Bodies (Regional Constitution) Act, 1956, the Madhya Pradesh Housing Board, which had been established for whole of Madhya Pradesh, was dissolved and in its place two regional boards were established, one being the petitioner before us and the other for Mahakoshal region. The petitioner, that is, the Vidarbha Housing Board, has thus been established for 8 districts of Vidarbha region of the State of Maharashtra.

(3.) IT appears that the petitioner -board engaged itself in the construction of several housing works and also further indulged in granting loans to various statutory bodies, local bodies and co - operative housing societies.