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2011 (7) TMI 810 - AT - Income TaxDeduction u/s 80IA - eligible assessee - joint venture and the consortium was formed only to obtain the contract from the Government body and they in fact did not execute the work awarded to it - work was executed by the party of the JV - held that:- - on an understanding of the concept of the "Joint Venture" and the terms of agreement between the members of the present case, we are of the view that in the instant case, the consortium of Joint Venture has been formed only to procure the contract works - Held that: the benefit of exemption/deduction is to be allowed to any enterprise carrying on business of developing or operating and maintaining or developing, operating, maintaining any infrastructure facility subject to fulfilment of certain conditions - in all practical purposes, the contract was awarded to the constituents of the joint venturers through joint venture and the work was executed by them - As per provisions of section 80IA(4), the benefit of deduction under this section is to be given only to the enterprise who carried on the classified business - Decided in favor of the assessee
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