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2014 (7) TMI 424 - AT - Income TaxClaim of deduction u/s 80IA of the Act - Infrastructure facilities – AO contended that assessee had acted in the capacity of a contractor - second contention of AO is that assessee has only built some part of the project and it has neither operated or maintained the infrastructure project - Held that:- assessee is entitled to get deduction u/s 80IA(4) of the Act - for claiming deduction u/s 80 IA(4), it is not necessary for the assessee to develop the entire project in order to qualify for a deduction u/s 80 IA(4) - If the provisions are so construed then it will be a condition impossible of compliance because of the magnitude of the entire project - For qualifying deduction u/s 80 IA(4) what would be necessary will be that the work carried on by the assessee must be an integral part of the project and if it is so, then it cannot be said that assessee is not eligible for deduction u/s 80 IA(4) for the reason that the assessee on its own did not develop an infrastructure project - only development of infrastructure project is sufficient to make entitle an enterprise to be eligible for deduction u/s 80 IA(4) - assessee is entitled for deduction u/s 80 IA(4) - CIT(A) has held that assessee is not entitled to get deduction u/s 80 IA(4) – thus, the assessee is entitled for deduction u/s 80 IA(4) in respect of A.Y. 2004-05 and 2005-06 – Decided in favour of assessee.
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