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TMI Blog2013 (1) TMI 973X X X X Extracts X X X X X X X X Extracts X X X X ..... aged in the business of civil constructions, contractors, engineers and builders. For the impugned assessment year, it had filed its return on 11.09.2008 declaring income of ₹ 13,05,189/- alongwith a claim of deduction under section 80I of the Act to the tune of ₹ 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 ₹ 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 proceed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d various pleas raised in the grounds and submitted 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 p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 and maintaining a new infrastructure facility; (c) it has started or starts operating and maintaining the infrastructure facility on or after the 1st day of April, 1995: Provided that where an infrastructure facility is transferred on or after the 1st day of April, 1999 by an enterprise which developed such infrastructure facility (hereafter referred to in this section as the transferor enterprise) to another enterprise (hereafter in this section referred to as the transferee enter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f. 1.4.2000 A perusal of the statutory provisions makes it clear that it does not provide a blanket deduction i.e. in order to succeed in a claim of deduction; the concerned assessee has to derive profits and gains from any business referred to in sub-section 4. Further, sub-section 4 prescribes applicability of clause i.e. the case in which the deduction provision would apply. It is in this sub-section that the legislature has enumerated the nature of the undertakings, their activities in contributing raising of infrastructure. Further, in the explanation attached to the sub-section, the legislature has also entrusted the meaning of the infrastructure facilities. In our opinion, an assessee while claiming deduction has to satisfy all co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... body, Government Resources and Accounts Act, 2000 (c.20), S. 17(7) (Stroud, 6th Edn., 2000, Supplement, 2003). The main-central or principal part [Art. 110 (2), Const.]; physical or material frame of a man or animal; gang of thieves etc. In our opinion, the said definition being a general preposition does not help the assessee s case. It is a trite preposition of law while interpreting a statute and more so a fiscal statue, neither the judicial forum concerned can insert its own words nor it can take away any from the statute. As it is seen, the earlier portion of the statutory provision prescribes a company registered in India or a consortium of such companies or by an authority or corporation or any other body established or const ..... X X X X Extracts X X X X X X X X Extracts X X X X
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