TMI Blog2014 (8) TMI 1169X X X X Extracts X X X X X X X X Extracts X X X X ..... d provision and for the assessment year it is applicable. When it is so, then we find no reason to interfere with the impugned order passed by the Tribunal. The same is hereby sustained along with the reasons mentioned therein. Substantial questions of law is in favour of the assessee and against the department. - IT Appeal No.367 of 2013 - - - Dated:- 7-8-2014 - TARUN AGARWALA AND Dr. Satish Chandra, JJ. For the Appellant : Shambhu Chopra, Sr. S.C. For the Respondent : Rahul Agarwal ORDER 1. The present appeal is filed by the department against the order dated 15.02.2013, passed by the Income Tax Appellate Tribunal, Agra in I.T.A. No.145/Agra/2012 for the assessment year 2005-06. 2. On 17.12.2013, the appeal was a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... .I.T.(A.), who has given partial relief to the assessee but pertaining to the deduction under Section-80IA(4), after giving the notice, enhance the dis-allowance. Being aggrieved, the assessee had filed an appeal before the Tribunal. 4. The Tribunal, vide its impugned order allowed the claim under Section-80IA(4) of the Income-Tax Act by mentioning that it is the statutory claim for the development of infrastructure. Having pain, the department has filed the present appeal. 5. With this background, heard Sri Shambhu Chopra, learned counsel for the appellant-department has justified the order passed by the C.I.T.(A.). He further submits that during the assessment year under consideration, the assessee was engaged in two projects for hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l issue is regarding the dis-allowance under Section- 80IA as the dis-allowance was made by the C.I.T.(A.). From the record, it transpires that the A.O. as well as Tribunal had allowed the claim of the assessee. Section-80IA(i)(a) on the reproduction as under:- (a) it is owned by a company registered in India or by a consortium of such companies; 9. The statutory provision under Section-80IA(4) states that where the total income of the assessee includes any profit and gain from the enterprises i.e. joint venture or Special Private Venture (S.P.V.) carrying on the defined business of developing or operating or maintaining any infrastructure finally then assessee would be liable for deduction. It is also provided that the project sho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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