Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (4) TMI 684 - HC - Income TaxBenefit of deduction u/s 80IA to transferee or assignee - assessee undertaken the work of developing the railway sidings and was operating and maintaining the same - As alleged assessee does not satisfy the proviso to sub-section 4 of Section 80IA - Assessee himself did not enter into any such contract with the Railways or with the Central Government - Tribunal allowed claim as 80IA(4) of the Act, especially, the Provisos thereto, permits even the transferee of an infrastructure facility to avail such deduction - HELD THAT:- Tribunal in our opinion, rightly applied the Proviso to Section 80IA(4) of the Act and held that since the Assessee was recognised as contractor for these railway sidings, which undoubtedly fell under the definition of “infrastructure facility”, it was entitled to the said benefit under Section 80IA of the Act. The grounds on which the Assessing Authority denied the said benefit to the Assessee ignoring the effect of Provisos to Section 80IA(4), therefore, could not be sustained. Tribunal, in our opinion, has rightly held that the Proviso does not require that there should be a direct agreement between the transferee enterprise and the specified authority for availing the benefit under Section 80IA of the Act. There is no dispute before us that the Assessee was duly recognised as transferee or assignee of the principal contractor M/s.ST-CMS Company Private Limited and was duly so recognised by the Railways to operate and maintain the said railway sidings at Vadalur and Uthangalmangalam Railway Stations. The findings of fact with regard to the said position recorded by the learned Tribunal are, therefore, unassailable and that clearly attracted the first Proviso to Section 80IA(4) of the Act. - Decided in favour of assessee.
|