2021 (1) TMI 782 - AT - Income Tax

Deduction u/s 80IA - assessee is engaged in the business of providing Cargo handling at Bangalore International Airport Ltd. (BIAL) - As per revenue assessee did not satisfy the condition of entering into an agreement with Central or State Governments or local authorities or statutory body - HELD THAT - Vide order 2015 (11) TMI 401 - ITAT BANGALORE observed that the Hon ble High Court of Karnataka in the case of M/s. Flemingo Dutyfree Shops (P) Ltd 2008 (12) TMI 807 - KARNATAKA HIGH COURT held that BIAL is a statutory body and therefore the order of the Tribunal dated 30.1.2014 was recalled to consider this aspect of the matter and the issue was decided in favour of the assessee. Similarly for AY 2010-11 in assessee s own case, both the issues were decided in favour of the assessee by the Tribunal by order 2016 (6) TMI 1408 - ITAT BANGALORE and the revenue s appeal was dismissed. For the year under consideration the facts and circumstances being identical to that of the earlier years, we find no reason to take a contrary view. Accordingly the appeal of the revenue is dismissed.

Summary

Issues:
1. Eligibility of the assessee for deduction u/s. 80IA of the Income-tax Act, 1961.
2. Interpretation of the agreement between the assessee and Bengaluru International Airport Ltd.
3. Application of statutory body criteria for allowing deduction.
4. Distinction between a developer of infrastructure facility and a contractor.
5. Consistency in decisions across assessment years.

Eligibility for Deduction u/s. 80IA:
The appeal centered around the eligibility of the assessee for deduction u/s. 80IA of the Income-tax Act, 1961. The Assessing Officer (AO) disallowed the deduction claimed by the assessee, leading to an appeal before the CIT(Appeals). The CIT(Appeals) referred to previous decisions in favor of the assessee and allowed the deduction, emphasizing that the assessee satisfied the conditions of engagement in manufacturing/development activities and had a contractual agreement with the requisite statutory authority as prescribed in section 80IA(4)(i) of the Act.

Interpretation of Agreement:
The revenue contended that the agreement between the assessee and Bengaluru International Airport Ltd. did not meet the criteria for allowing deduction u/s. 80IA(4)(i) as it was a Service Provider Right Holder Agreement with a private limited company, not a government or statutory body. However, the Tribunal, based on previous decisions and the classification of Bengaluru International Airport Ltd. as a statutory body, upheld the assessee's eligibility for the deduction.

Application of Statutory Body Criteria:
The revenue argued that the deduction should not be granted as the agreement was with a private limited company, not a government or statutory body as required by the Act. The Tribunal, considering the classification of Bengaluru International Airport Ltd. as a statutory body based on a High Court decision, dismissed this argument and allowed the deduction.

Distinction Between Developer and Contractor:
The revenue contended that the assessee, as a contractor operating the cargo facility, did not qualify as a developer of an infrastructure facility. However, the Tribunal, based on past decisions and the nature of the agreement, upheld the assessee's claim for deduction under section 80IA, emphasizing the legislative intent to provide the deduction to those directly involved in developing, maintaining, and operating the facility.

Consistency in Decisions Across Assessment Years:
The Tribunal highlighted the consistency in decisions across assessment years, referring to previous judgments in the assessee's favor for AY 2009-10 and 2010-11. Given the identical facts and circumstances in the current year, the Tribunal dismissed the revenue's appeal, maintaining the stance taken in previous years and upholding the assessee's eligibility for the deduction u/s. 80IA.

In conclusion, the Tribunal dismissed the revenue's appeal, affirming the eligibility of the assessee for deduction u/s. 80IA based on the nature of the agreement, classification of Bengaluru International Airport Ltd. as a statutory body, and consistency in decisions across assessment years.