2014 (1) TMI 1849 - HC - Income Tax

Tax appeals are admitted for consideration of the following substantial questions of law (1)Whether on the facts and in the circumstances of the case, the tribunal was right in law in holding that the appellant was not a developer of the infrastructure facility but was a mere contractor thereof, and therefore not entitled to the deduction under section 80IA? (2)Whether on the facts and in the circumstances of the case, the tribunal was right in law in disallowing the deduction under section 80IA when in the preceding year 2006-07 it stood allowed in a scrutiny assessment on identical facts?

Summary

The Gujarat High Court admitted tax appeals to consider substantial questions of law regarding the appellant's eligibility for deduction under section 80IA as a developer of infrastructure facility. The tribunal had previously held the appellant to be a contractor, not entitled to the deduction. The court also questioned the tribunal's decision to disallow the deduction in a subsequent year despite allowing it in a previous year under similar circumstances.