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TMI Blog2019 (2) TMI 244X X X X Extracts X X X X X X X X Extracts X X X X ..... ted for consideration on following reframed substantial questions of law : (a) Whether, the respondent / assessee fulfills the requirement stipulated in Section 80IA(4) of the Income Tax Act, 1961 once the conclusion reached is that it is contractor and not developer as stated in the subsection? (b) Whether, in the facts and circumstances of the case the Income Tax Appellate Tribunal was right i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion made by the AO u/s 41(1) on account of bogus claim of expenses in the name of labour contractors / sub-contractors which are outstanding for a number of years? (ii) Whether on the facts and in the circumstances of the case and in law, the Tribunal erred in allowing depreciation @80% on civil construction, electrical and other non-integral installations ? (ii) Whether on the facts and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer under Section 41(1) of the Income Tax Act, 1961 ("the Act" for short) on account of bogus claim of liability. The Tribunal while giving relief to the assessee, referred to the decision of the Supreme Court and other decisions holding that merely because period of 3 years expired from arising of the liability would not automatically mean that the liability has ceased. We do not find any error i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... esert area of Rajasthan which required special foundation of reinforced cement concrete and that the said reinforced cement concrete formed integral part of the windmill. The Tribunal has also followed the decision of this Court in the case of Commissioner of Income Tax Vs. Herdilla Chemicals Ltd. reported in (1995) 216 I.T.R. 742 (Bom) in allowing the claim of the assessee. In our opinion, the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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