9911796707
TMI Blog2013 (12) TMI 299X X X X Extracts X X X X X X X X Extracts X X X X ..... contractors, engineers and builders. For the impugned assessment year, it had filed its 'return' on 11.09.2008 declaring income of Rs. 13,05,189/- alongwith a claim of deduction under section 80I of the "Act" to the tune of Rs. 1,42,75,227/-. 3. The assessee is an Indian Railways contractor, who carries out construction on behalf of the Indian Railways for constructing rail over bridges, foot over bridges, new railway station buildings and new minor bridges etc. Its gross receipt for the impugned assessment year was Rs. 1,55,80,416/-. Needless to mention that the assessee had claimed deduction under section 80IA i.e. subject matter of the instant appeal. 4. In 'scrutiny' proceedings, the Assessing Officer formed an opinion that being a co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted that the assessee is not only a contractor, but a developer as well, and entitled for deduction under section 80IA of the "Act". In addition to this, he also placed reliance on the definition of the word "body" from the Law Lexicon to submit that the assessee satisfies all the terms and conditions enumerated under section 80IA(4) of the "Act". 7. Per contra, the Revenue through DR has chosen to strongly support the CIT(A)'s order and prayed for confirming the same. 8. We have given our thoughtful consideration to the submissions of both parties and also gone through the findings of the Assessing Officer and CIT(A). The voluminous paper book referred to by the assessee has also been perused. The undisputed facts of the case are that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bsp; (ii) operating and maintaining or (iii) developing, operating and maintaining any infrastructure facility which fulfils all the following conditions, namely:- (a) it is owned by a company registered in India or by a consortium of such companies or by an authority or a board or a corporation or any other body established or constituted under any Central or State Act; (b) it has entered into an agreement with the Central Government or a State Government or a local authority or any other statutory body for (i) developing or (ii) operating and maintaining or (iii) developing, operating a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; (c) a water supply project, water treatment system, irrigation project, sanitation and sewerage system or solid waste management system; (d) a port, airport, inland waterway, inland port or navigational channel in the sea; (5) .................. (13) ................ *Explanation. - For the removal of doubts, it is hereby declared that nothing contained in this section shall apply in relation to a business referred to in sub-section (4) which is in the nature of a works contract awarded by any person (including the Central or State Government) and executed by the undertaking or enterprise referred to in sub-section (1). &nb ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acility and it has to be owned by a consortium of such company or by an authority or a board or a corporation or any other body established or constituted under any Central or State Act. Admittedly, the assessee is a partnership firm. As we notice from the relevant statutory provision, the enterprise in the nature of firm nowhere finds mention in the mandate of the legislature. Although the assessee has emphasized from the definition of the word 'body' in the Law Lexicon which reads as follows: "Statutory definition, includes partnership, Financial Services and Markets Act, 2000 (c.8), S. 367(2) (Stroud, 6th Edn., 2000, Supplement, 2003). It also includes grou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icability clause of the provision as envisaged under section 80IA(4)(i) of the "Act". 9. So far as catena of the judgments submitted by the AR of the assessee, we notice that they only pertain to section 80IA(4)(i)(b) i.e. regarding the issue of contractor viz-a-vis developer. Hence, we do not deem it appropriate to decide on the said issue since the assessee does not fulfill the condition enumerated in the first part of the statutory provision. We make it clear that although the issue adjudicated by us has not been looked into by the Assessing Officer or CIT(A), but in the larger interest of the justice and in view of the fact that before availing deduction under section 80IA, all the necessary conditions have to be satisfied we have proc ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
