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2019 (4) TMI 1485 - HC - Income TaxEligibility for deduction u/s 80 IA - assessee is only a sub-contractor - proof of having a contract with any Government/authority referred to - HELD THAT - As decided in M/S. CHETTINAD LIGNITE TRANSPORT SERVICES PRIVATE LIMITED 2019 (4) TMI 683 - MADRAS HIGH COURT Tribunal, rightly applied the Proviso to Section 80IA(4) and held that since the Assessee was recognised as contractor for these railway sidings, which undoubtedly fell under the definition of infrastructure facility , it was entitled to the said benefit u/s 80IA. The grounds on which the Assessing Authority denied the said benefit to the Assessee ignoring the effect of Provisos to Section 80IA(4), therefore, could not be sustained. Proviso does not require that there should be a direct agreement between the transferee enterprise and the specified authority for availing the benefit under Section 80IA. The Assessee was duly recognised as transferee or assignee of the principal contractor and was duly so recognised by the Railways to operate and maintain the said railway sidings at Vadalur and Uthangalmangalam Railway Stations. - Decided in favour of assessee.
Issues Involved:
1. Eligibility of the assessee for deduction under Section 80IA as a sub-contractor. 2. Examination of the effect of explanation inserted in Section 80IA by Finance Act 2007. 3. Fulfillment of conditions under Section 80IA(4) regarding a contract with a government/authority. 4. Satisfaction of proviso to Section 80IA(4) regarding the transfer of infrastructure facility. Issue 1: The Revenue appealed under Section 260-A of the Income Tax Act, 1961, questioning the eligibility of the assessee for deduction under Section 80IA as a sub-contractor. The Tribunal had allowed the appeals for the Assessment Years 2010-2011 and 2011-2012, granting the deduction. The court analyzed the Proviso to Section 80IA(4), emphasizing that the benefit extends to enterprises developing, operating, or maintaining infrastructure facilities. The court highlighted that the Proviso includes transferees or contractors recognized by authorities, even without direct agreements with the government. The court upheld the Tribunal's decision, stating that the assessee, recognized as a contractor for railway sidings, fell under the definition of an "infrastructure facility," entitling them to the deduction under Section 80IA. Issue 2: The court addressed the effect of the explanation inserted in Section 80IA by the Finance Act 2007. It clarified that the Proviso to Section 80IA(4) allows for the benefit extension to transferees or assignees recognized by authorities, even without direct agreements. The court emphasized that the Proviso does not mandate a direct agreement between the transferee enterprise and the specified authority for availing the deduction under Section 80IA. The court found that the assessee was duly recognized as a transferee of the principal contractor and was recognized by the Railways to operate and maintain the railway sidings, meeting the conditions under the Proviso to Section 80IA(4). Issue 3: Regarding the condition laid down in Section 80IA(4) of having a contract with any government/authority, the court held that the assessee being recognized as a contractor for the railway sidings by the Railways fulfilled the conditions under the Proviso to Section 80IA(4). The court emphasized that the Proviso extends the benefit to recognized contractors, even without direct agreements with the government, as long as the conditions are met. Issue 4: The court addressed the satisfaction of the proviso to Section 80IA(4) concerning the transfer of infrastructure facility. It compared a previous case where a company engaged in power generation was denied the deduction under Section 80IA as it was only a contractor for maintenance work. The court distinguished this case from the present one, emphasizing that the facts were different. The court concluded that the assessee, recognized as a contractor for the railway sidings, was entitled to the deduction under Section 80IA, dismissing the Revenue's appeals and ruling in favor of the assessee.
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