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2019 (9) TMI 375 - AT - Income TaxAllowability of claim u/s.80IA - works contractor or a developer - assessee highlighted the facts that they are developing, operating and maintaining infrastructure facility and is having ownership of the enterprise by a company registered in India. - simultaneously following three conditions embodied in S.80-IA(4)(i) - assessee is a contractor/developer and claimed deduction under section 80-IA(4) - HELD THAT:- CIT(Appeals) out of the thirteen projects allowed deduction u/s.80IA(4) of the Act to the assessee for eleven projects undertaken during the year except for projects in Sl. No.8 and 9 i.e. Sarjapur and Benwad. We have perused the case records and have given considerable thought to the findings of the Ld. CIT(Appeals). The Ld. CIT(Appeals) has analyzed the scope and activities of the assessee in view of the judgment of the Hon’ble Bombay High Court in the case of CIT Vs.ABG Heavy Industries Ltd & Ors. [2010 (2) TMI 108 - BOMBAY HIGH COURT] followed by the decision of M/s. Laxmi Civil Engg. Services (P) Ltd. Vs. Addl. CIT, Range-2 [2012 (6) TMI 316 - ITAT, PUNE] Therefore, we are of considered view that the order of the Ld. CIT(Appeals) is well reasoned and therefore does not call for any interference.- Decided against revenue
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