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CONTRACT WORKMEN ARE TO BE INCLUDED AS EMPLOYEES OF THE ASSESSEE UNDER (erstwhile) SECTION 80-IA(2)(4) OF INCOME TAX ACT 1961

Income Tax - Direct Tax Code - DTC - By: - Mr. M. GOVINDARAJAN - Dated:- 8-8-2015 - Section 80IA of the Income Tax Act, 1961 provides for deduction in respect of profit and gains from industrial undertakings or enterprises engaged in infrastructure development etc., Before 01.04.2000, Section 80IA (2) provides conditions for availing deduction under this Section. One among the conditions is provided in Section 80IA (2) (v). The said sub-clause provides that in a case where the industrial underta .....

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(8) TMI 104 - GUJARAT High Court the High Court observed that the persons doing the work on contract basis will have to be counted for the purpose of Section 80-IA(2)(v) for the reason that the assessee was controlling not only the work to be done by these persons but also the manner of doing the work. In Commissioner of Income Tax V.Prithviraj Bhoorchand - 2005 (9) TMI 28 - GUJARAT High Court it was held that the workers are engaged on contract labor basis can be said that the industrial undert .....

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s engaged in the manufacturing and sale of transformers, electrical goods, job work etc., M/s Sai Computer Consultancy was engaged in the process of data feeding, accounts, reports, data processing etc., The said unit has three sub-units at Meerut, Lucknow and Ludhiana. The assessee for the assessment year claimed the deduction under Section 80IA for both units. The claim of the assessee was denied by all the lower authorities and confirmed the deduction on the ground that the total number of em .....

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