2015 (8) TMI 324 - AT - Income Tax

Eligibility for deduction u/s.80IA(4) - Held that - The question that arose between the parties was, whether the assessee could be said to be a developer of such project. The authorities below on facts came to the conclusion that the assessee could be said to be a developer as contemplated by section 80IA(4). We have noticed that the authorities below have considered facts quite meticulously by minutely going through the terms of the contract and came to an unanimous conclusion that the assessee was a developer of the project. - Laxmi Civil Engineering Pvt. Ltd., Kolhapur Vs. Addl CIT-R-2, Kolhapur of IT AT, Pune 2012 (6) TMI 316 - ITAT, PUNE and CLT Vs. ABG Heavy Industries Ltd. and Ors 2010 (2) TMI 108 - BOMBAY HIGH COURT . - Decided in favour of assessee.

Summary

Issues Involved:
1. Eligibility of the assessee for deduction under section 80IA(4) of the Income Tax Act.
2. Whether the assessee is a developer or a contractor of infrastructure projects.
3. Consideration of previous judicial precedents and consistency in judicial decisions.

Detailed Analysis:

1. Eligibility of the assessee for deduction under section 80IA(4) of the Income Tax Act:
The primary issue revolves around the eligibility of the assessee for claiming a deduction under section 80IA(4) of the Income Tax Act. The assessee, a company engaged in infrastructure-related activities, filed a return declaring a total income of Nil after claiming a deduction of Rs. 15,33,36,705/- under section 80IA(4). The Assessing Officer (AO) disallowed this claim, later revised to Rs. 10,92,36,658/-, on the grounds that the assessee did not meet the criteria stipulated under section 80IA(4). The AO's disallowance was based on the precedent set in the assessee's own case for the A.Y. 2007-08, where similar reasons for disallowance were cited.

2. Whether the assessee is a developer or a contractor of infrastructure projects:
The AO argued that the assessee was merely a contractor and not a developer of infrastructure projects, citing several reasons, including the absence of ownership of the land or property, lack of preparation of project drawings and designs by the assessee, and the fact that the project was financed by the contractee. The CIT(A), however, allowed the assessee's claim for deduction, following the orders for A.Y. 2007-08 and 2008-09, where the assessee was considered a developer and entitled to the deduction under section 80IA(4).

3. Consideration of previous judicial precedents and consistency in judicial decisions:
The Revenue appealed against the CIT(A)'s decision, arguing that the CIT(A) erred in relying on previous decisions of the ITAT Pune in similar cases, stating that the facts of those cases were different from the assessee's case. The Tribunal, however, upheld the CIT(A)'s decision, noting that the issue had been previously decided in favor of the assessee in the A.Y. 2007-08 and 2008-09. The Tribunal observed that the CIT(A) correctly applied judicial precedents and maintained consistency in its decision-making process.

The Tribunal referred to its earlier decision where it was held that the assessee was a developer entitled to claim the deduction under section 80IA(4). The Tribunal noted that the AO's contention that the assessee was merely a contractor would render the provision for deduction under section 80IA(4) redundant, as all infrastructure work is awarded through contracts. The Tribunal also highlighted that the CIT(A) had thoroughly examined the facts and documents, including project designs and drawings prepared by the assessee, which were approved by relevant authorities.

The Tribunal further noted that the Hon'ble Bombay High Court, in its order dated 02-07-2015, dismissed the Revenue's appeal, affirming that the assessee was a developer as contemplated by section 80IA(4). The High Court emphasized that the authorities had meticulously considered the facts and terms of the contract, concluding that the assessee was indeed a developer.

Conclusion:
The Tribunal upheld the CIT(A)'s order, dismissing the Revenue's appeal. The Tribunal concluded that the assessee was eligible for the deduction under section 80IA(4) as a developer of infrastructure projects, consistent with previous judicial precedents and the decision of the Hon'ble Bombay High Court. The Tribunal's decision reaffirmed the importance of judicial consistency and the proper application of legal provisions in determining eligibility for tax deductions. The appeal filed by the Revenue was dismissed, and the order was pronounced in the open court on 31-07-2015.