2024 (12) TMI 697 - AT - Income Tax

Deduction u/s. 80-IA(4) - assessee to be treated as a developer or works contractor - Assessee submitted that assessee is a developer and is deploying its own funds equipments and has taken risk and liability from the inception of project till the project is transferred to AAI(owner of the Airport) for operating and maintaining - HELD THAT - A new infrastructure facility by way of construction of New Expandable Modular Integrated Terminal Building at Raja Bhoj Airport Bhopal has come into existence as in the case of NCC-MSKEL JV 2024 (1) TMI 1224 - ITAT AHMEDABAD a new infrastructure facility by way of a new domestic arrival block at Sardar Vallabh Bhai Patel International Airport at Ahmedabad has come into existence and Tribunal has allowed the claim of deduction u/s 80IA(4). As documents filed by the assessee which are part of record contentions raised before us as well case laws relied upon the assessee clearly point out that the assessee is a developer and not merely works contractor and is eligible and entitled for deduction u/s. 80-IA(4) of the Act. Thus assessee is a developer within the meaning of section 80-IA(4) and is eligible for deduction u/s. 80-IA(4).Thus we allow the claim of the assessee for deduction u/s 80IA(4) - Decided in favour of assessee.

Issues Involved:

1. Eligibility for deduction under Section 80-IA(4) of the Income Tax Act.
2. Classification of the assessee as a "developer" versus a "works contractor."
3. Interpretation of contractual agreements with the Airport Authority of India (AAI).
4. Application of judicial precedents and relevant case laws.

Issue-wise Detailed Analysis:

1. Eligibility for Deduction under Section 80-IA(4):

The primary issue revolves around whether the assessees qualify for a deduction under Section 80-IA(4) of the Income Tax Act. This section provides deductions for profits derived from developing, operating, and maintaining infrastructure facilities. The assessees, joint ventures involved in constructing a terminal building at Raja Bhoj Airport, Bhopal, claimed this deduction. The Assessing Officer denied the deduction, arguing that the assessees were merely contractors, not developers, and thus did not meet the eligibility criteria specified in the section, particularly in light of the Explanation below Section 80-IA(13) which excludes works contracts from eligibility.

2. Classification as "Developer" vs. "Works Contractor":

The crux of the legal debate was whether the assessees were "developers" or "works contractors." The assessees argued they were developers, having undertaken significant financial and operational risks, including deploying their funds, technical expertise, and resources. They contended that their role went beyond mere execution of works contracts, as they were responsible for developing a fully integrated terminal building with various facilities. The Tribunal examined the contractual obligations and the nature of the work undertaken, concluding that the assessees assumed substantial risks and responsibilities akin to those of a developer, thereby qualifying for the deduction under Section 80-IA(4).

3. Interpretation of Contractual Agreements with AAI:

The contracts between the assessees and AAI were scrutinized to determine the nature of the work and the risks involved. The Assessing Officer argued that the contracts were labeled as "Contract Agreements," with AAI as the "Owner" and the assessees as "Contractors," implying a works contract. However, the assessees demonstrated that they bore significant risks, such as providing performance guarantees, securing advances against bank guarantees, and assuming liability for defects and damages. The Tribunal found that these factors, along with the assessees' role in planning and executing the project, supported their classification as developers.

4. Application of Judicial Precedents and Relevant Case Laws:

The Tribunal relied on several judicial precedents to support its decision. It referred to the Gujarat High Court's ruling in PCIT v. Monte Carlo Construction Ltd., which upheld the eligibility of developers for deductions under Section 80-IA(4) even when parts of infrastructure projects were developed. The Tribunal also cited other cases where entities engaged in similar projects were recognized as developers, emphasizing the need to assess the nature of the work and the risks undertaken rather than merely the contractual labels. These precedents reinforced the Tribunal's conclusion that the assessees were entitled to the deduction as developers.

Conclusion:

The Tribunal allowed the appeals, recognizing the assessees as developers eligible for deductions under Section 80-IA(4). It emphasized the importance of assessing the nature of the work and the risks undertaken, rather than relying solely on contractual terminology. The decision was based on a detailed analysis of the contractual obligations, the financial and operational risks assumed by the assessees, and relevant judicial precedents.

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