2010 (9) TMI 938 - AT - Income Tax

Summary

Issues involved: Disallowance of claim under S.80IA of the Income-tax Act, 1961.

Summary:
The appeal was against the order of the CIT (A)–V Hyderabad dated 15.2.2010 for the assessment year 2006-07. The main issue was the disallowance of the claim of the assessee under S.80IA of the Income-tax Act, 1961.

The assessee, engaged in the business of operation and maintenance of port and ships, had entered into an agreement with M/s. Ennore Port Ltd. The representative argued that the assessee, a joint venture company of M/s. Ocean Sparkle Limited, was eligible for deduction under S.80IA based on the agreement and a certificate from M/s. Ennore Port Ltd.

The Departmental Representative contended that the assessee had not entered into an agreement with the Government of India as required for claiming deduction under S.80IA. The Departmental Representative argued that the agreement was only a chartered party agreement and did not qualify for the deduction.

The Tribunal found that the assessee had complied with all the conditions required for deduction under S.80IA(4) based on the agreement and certificate from M/s. Ennore Port Ltd. Therefore, the assessee was eligible for the deduction, provided M/s. Ennore Port Ltd. had not already claimed the same deduction.

The Tribunal set aside the lower authorities' orders and directed the Assessing Officer to allow the assessee's claim for deduction under S.80IA, subject to the condition that M/s. Ennore Port Ltd. had not availed the same deduction for the relevant assessment year.

The appeal of the assessee was allowed, and the order was pronounced in the Court on 30th September, 2010.