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2015 (12) TMI 616 - ITAT PUNEDenial of deduction u/s.80IA(4) - whether Government or Statutory body is the developer of infrastructure facility and here appellant is not entitled to deduction under the section? - Held that:- As decided in CIT vs. ABG Heavy Industries Ltd & Ors (2010 (2) TMI 108 - BOMBAY HIGH COURT ) that even in the case before the Hon’ble High Court, the assessee acted as a contractor for Government agency, was held eligible for the purposes of claim of deduction u/s 80IA( 4) of the Income Tax Act. As per the said decision assessee who only develops infrastructural facility (even as a contractor) but does not have an occasion to operate and maintain is also eligible for claim of deduction u/s 80IA( 4) of the Act. The Hon’ble High Court has been pleased to observe that qua such a person the condition stated in subsection (c) of sec.80IA( 4)(i) has to be read harmoniously with the main provision under which deduction is available to an assessee, who develops; or operates and maintain; or develops, maintains and operates an infrastructural facility. In other words a developer who only develops (i.e., constructs) an infrastructural facility is not envisaged to operate and maintain such facility, cannot be accepted to fulfil the condition in clause (c) of sec. 80IA( 4) since it would be an impossibility. Therefore, in view of the construction placed by the Hon’ble Bombay High Court on the requirements of clause (c) of sec. 80IA( 4)(i) requiring it to be harmoniously read with the main sec. 80IA( 4), we do not find substance in the objection raised by the Revenue. - Decided in favour of assessee
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