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2012 (12) TMI 330 - AT - Income TaxDisallowance of deduction u/s 80IA - no element of developing, operating and maintaining any infrastructural facility - Held that:- Considering the description of the work executed by the assessee in the relevant period is certainly not the development of any infrastructure as the Champakara and Udyogmandal canals in Kerala were constructed/developed decades ago. What work the assessee executed in respect of these two canals and the Tapi riverbank viz. rip-rap masonary for protection of the canal bank and river bank can at best be work which is a sub-activity in the category of repairs and maintenance thereof rather than development of an infrastructure facility namely, inland waterways which has been done by IWAI. We are of the considered view that the assessee executed works contracts on behalf of the concerned Government bodies and there is certainly no element of developing or operating and maintaining or developing, operating and maintaining of any infrastructure facility as envisaged in clause ( c ) to the Explanation to sub-section(4) of section 80IA - against assessee. Addition being the amount of shortfall in the contract receipts - Held that:- As the assessee was not able to controvert the findings of the AO and CIT(A) that the assessee was unable to explain or reconcile the difference of Rs.40,582 in the contract receipts declared by the assessee and the contract receipts reflected in the TDS Certificates of Indian Oil Corporation, Mangalore Chemicals & Fertilisers and The Indian Navy. As this fact was acknowledged by the assessee before the AO in the course of assessment proceedings no hesitation in confirming the addition made by the AO in respect of undeclared contract receipts - against assessee.
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