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2020 (1) TMI 463 - AT - Income TaxDeduction u/s 80IA(4) - claim denied on the ground that, assessee was not engaged in development of any infrastructure facility as laid down in section 80IA(4) without appreciating the correct facts of the case - whether activity of construction of road signages and foot over bridges did not amount to development of infrastructure facility as stipulated in section 80IA(4)? - HELD THAT:- Issue in the present appeal is identical to the one already adjudicated by Co-ordinate Bench of the Tribunal in assessee’s own case for assessment year 2010-11 [2017 (10) TMI 1506 - ITAT PUNE] . The assessee has not placed on record any material to show any distinguishing features in assessment year under appeal. Therefore, we find no reason to take a different view. Following the order of Co-ordinate Bench, we hold that the assessee is not eligible for claiming deduction u/s. 80IA(4) in respect of construction of foot-over bridges and installation of road signages as they do not fall within the ambit of “infrastructure facility” within the meaning of Section 80IA (4) of the Act. Accordingly, appeal of the assessee is dismissed being devoid of any merit. Disallowance u/s 43B - “Current Liabilities‟ shown towards advertisement tax payable to M.P. State Government as not paid till the date of audit - It is assessee‟s contention that the assessee has not claimed any deduction with respect to advertisement tax and has not debited any amount of expenditure in the Profit and Loss Account - HELD THAT:- We find that the Hon‟ble Delhi High Court in the case of CIT Vs. Noble and Hewitt (I) (P) Ltd. [2007 (9) TMI 238 - DELHI HIGH COURT] has held that when the assessee did not debit the amount to Profit and Loss Account as an expenditure nor had the assessee claimed any deduction in respect of the amount, the question of disallowing u/s 43B of the Act does not arise. Before us, the Revenue has not placed any contrary binding decision in its support nor has placed any material on record to demonstrate as to why the decision of Hon‟ble Delhi High Court in the case of CIT Vs. Noble and Hewitt (I) (P) Ltd. (supra) would not be applicable to the present facts - no disallowance was warranted u/s 43B of the Act and we thus, direct the deletion of disallowance.
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