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The Assistant Commissioner of Income Tax, Company Circle I (1) , 63, Coimbatore Versus M/s Chettinad Lignite Transport Services Private Limited

2011 (11) TMI 676 - ITAT CHENNAI

Claim for relief u/s 80IA - Held that:- After getting approval of the Pollution Control Board, the TNEB, vide its order dated 17.10.2001 had accepted the assessee as the infrastructure provider and reiterated the same vide their letter dated 25.9.2006. Accordingly, the assessee had set up infrastructure facilities as required u/s 80IA. - Decided in favour of assessee - I.T.A.Nos.1312 & 1313/Mds/2011 - Dated:- 18-11-2011 - SHRI HARI OM MARATHA, JUDICIAL MEMBER AND SHRI N.S. SAINI, ACCOUNTANT MEMB .....

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declaring an income of ₹ 5,98,480/-. The company filed its return of income for assessment year 2008-09 on 27.9.2008 declaring an income of ₹ 3,76,36,810/-. Initially, the returns of income were processed u/s 143(1) and later on, the same were scrutinized and regular assessment s were completed u/s 143(3) r.w.s 147 of the Act on 24.12.2010. While completing regular assessment s, the Assessing Officer has disallowed assessee s claim for deduction made u/s 80IA of the Act. M/s ST-CMS E .....

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lignite to the said company. It called for bids from contractors to construct, own, operate and maintain a Lignite Transport System. The company was entitled to appoint a contractor for the aforesaid purpose in terms of the agreement, therefore, assessee was designated the contractor for doing the aforesaid infrastructure work. Pursuant to the above contract, the assessee laid roads and infrastructural facilities and also developed, operated and maintained railway sidings at Vadalur and Uthanga .....

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ant to the contract between ST-CMS and the Southern Railways whereby the assessee was permitted to be employed as a contractor. The assessee had also set up a sewage treatment plant pursuant to the order of the Pollution Control Board, dated 28.6.2002. After getting approval of the Pollution Control Board, the TNEB, vide its order dated 17.10.2001 had accepted the assessee as the infrastructure provider and reiterated the same vide their letter dated 25.9.2006. Accordingly, the assessee had set .....

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