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TMI Blog2013 (1) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... ee is a partnership firm; engaged in the business of civil constructions, contractors, engineers and builders. For the impugned assessment year, it had filed its 'return' on 11.09.2008 declaring income of ₹ 13,05,189/- alongwith a claim of deduction under section 80I of the "Act" to the tune of ₹ 1,42,75,227/-. 3. The assessee is an Indian Railways contractor, who carries out construction on behalf of the Indian Railways for constructing rail over bridges, foot over bridges, new railway station buildings and new minor bridges etc. Its gross receipt for the impugned assessment year was ₹ 1,55,80,416/-. Needless to mention that the assessee had claimed deduction under section 80IA i.e. subject matter of the instant appeal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee has reiterated various pleas raised in the grounds and submitted that the assessee is not only a contractor, but a developer as well, and entitled for deduction under section 80IA of the "Act". In addition to this, he also placed reliance on the definition of the word "body" from the Law Lexicon to submit that the assessee satisfies all the terms and conditions enumerated under section 80IA(4) of the "Act". 7. Per contra, the Revenue through DR has chosen to strongly support the CIT(A)'s order and prayed for confirming the same. 8. We have given our thoughtful consideration to the submissions of both parties and also gone through the findings of the Assessing Officer and CIT(A). The voluminous paper book referred to by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... company registered in India or by a consortium of such companies or by an authority or a board or a corporation or any other body established or constituted under any Central or State Act; (b) it has entered into an agreement with the Central Government or a State Government or a local authority or any other statutory body for (i) developing or (ii) operating and maintaining or (iii) developing, operating and maintaining a new infrastructure facility; (c) it has started or starts operating and maintaining the infrastructure facility on or after the 1st day of April, 1995: Provided that where an infrastructure facility is transferred on or after the 1st day of April, 1999 by an enterprise which developed such infrastructure facility (h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ure of a works contract awarded by any person (including the Central or State Government) and executed by the undertaking or enterprise referred to in sub-section (1). *It introduced by Finance (No.2) Act, 2009 w.r.e.f. 1.4.2000 A perusal of the statutory provisions makes it clear that it does not provide a blanket deduction i.e. in order to succeed in a claim of deduction; the concerned assessee has to derive profits and gains from any business referred to in sub-section 4. Further, sub-section 4 prescribes applicability of clause i.e. the case in which the deduction provision would apply. It is in this sub-section that the legislature has enumerated the nature of the undertakings, their activities in contributing raising of infrastruct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roud, 6th Edn., 2000, Supplement, 2003). It also includes group of bodies, partnership of enterprise card on by one or more persons or bodies and a body which is substantially the same at or successor, to, another body, Government Resources and Accounts Act, 2000 (c.20), S. 17(7) (Stroud, 6th Edn., 2000, Supplement, 2003). The main-central or principal part [Art. 110 (2), Const.]; physical or material frame of a man or animal; gang of thieves etc." In our opinion, the said definition being a general preposition does not help the assessee's case. It is a trite preposition of law while interpreting a statute and more so a fiscal statue, neither the judicial forum concerned can insert its own words nor it can take away any from the statut ..... X X X X Extracts X X X X X X X X Extracts X X X X
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