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2014 (2) TMI 680 - AT - Income TaxDisallowance of deduction u/s 80IA of the Act – Income derived from business of civil contracts - Held that:- The decision in M/s. Sushee Infra Pvt. Ltd. (Formerly Sushee Hi Tech Constructions Pvt. Ltd. Versus Dy. Commissioner of Income-tax [2013 (6) TMI 599 - ITAT HYDERABAD] followed - where an assessee incurred expenditure for purchase of materials himself and executes the development work i.e., carries out the civil construction work, he will be eligible for tax benefit under section 80 IA of the Act - the assessee has carried out the development of infrastructure work in Consortium and not as a subcontractor, then also the assessee is entitled for deduction u/s 80IA of the Act - The orders of the Commissioners (Appeal) modified for both the years under appeal - and the AO is directed to allow the claims of the assessee with regard to deduction under S.80IA of the Act in respect of execution of civil contracts on own account – Decided in favour of Assessee.
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