2018 (1) TMI 1479

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..... RDC - transfer the project in agreement with the constitutional body i.e. an agency as defined under section 2(e) of the Gujarat Infrastructure Development Act - Held that:- As decided in assessee's own case [2017 (10) TMI 1314 - ITAT AHMEDABAD] assessee has developed, operated and was to transfer the project in agreement with the constitutional body i.e. an agency as defined under section 2(e) of .....

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..... der dated 7th August 2015 passed by the CIT(A), Gandhinagar, Ahmedabad, in the matter of assessment under section 143(3) of the Income-tax Act, 1961, for the assessment year 2012-13. 2. The grievance of the Assessing Officer is as follows:- "On the facts and circumstances of the case, the Ld. Commissioner of Income-Tax (Appeals) has erred in law and on facts by allowing deduction of ₹ 4,1 .....

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..... cit agreement and approval of Gujarat government which has given land and allowed to collect toll fee. Assessee company fulfils the conditions as required under section 80IA(4) including Section 80IA(4)(i)(b) and has developed, operated and was to transfer the infrastructure facility and therefore, is eligible for the deduction claimed under the section. 12. With the above observation, we are .....

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