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2016 (9) TMI 1573 - JAMMU AND KASHMIR HIGH COURTDeduction u/s 80-IA (4) - assessee had merely executed a work contract for IRCON International Ltd. for construction of some part of the Railway bridge and works contract u/s 80-IA(4) - HELD THAT:- Work executed is based on a contract between the Air Port Authority, Railway Department, Department of Roads in respect of each assessment year. AO in respect of each assessment year takes a different view by interpreting the contract. These contracts and the work executed fall within the ambit of Section 80-IA (4). Therefore, the assessment in contradiction by interpreting the contract at their will is impermissible. It will be contrary to law. Since the requirements of Section 80-IA(4) are satisfied, the assessee is entitled to the benefit of deduction under Section 80-IA(4). The respondent assessee is entitled to the deduction in respect of all assessment years for which deduction under Section 80-IA(4) has been denied. - Decided in favour of the assessee.
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