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TMI Blog2019 (5) TMI 1328X X X X Extracts X X X X X X X X Extracts X X X X ..... in clause (i) of Section 80IA(4) of the Act, which deals with deduction to enterprise involved in developing, operating and maintaining the infrastructure facilities. We are, therefore, of the considered opinion that there is no merit in these appeals filed by the Revenue and the questions of law framed above deserve to be answered in favour of the Assessee and against the Revenue - Tax Case Appeal No.446 of 2017 - - - Dated:- 3-4-2019 - Dr. Justice Vineet Kothari And Mr. Justice C.V. Karthikeyan For the Appellant : M/s.T.R.Senthilkumar Sr. Standing Counsel assisted by Ms.K.G.Usharani For the Respondent : Mr.R.Vijayaraghavan for M/s.Subbaraya Aiyar Padmanabhan JUDGMENT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ought to our notice that the controversy involved in the present Appeal is covered by the Judgment of this court dated 6.3.2019 in the case of the same Assessee in T.C.A.Nos.741, 1266 of 2009 and 162 of 2015 wherein this court has has held as under:- 8. From a reading of the aforesaid Provisos to Section 80IA (4), it is clear that the Legislature intended to extend the said benefit under Section 80IA of the Act to an enterprise involved in (i) developing or; (ii) operating and maintaining or; (iii) developing, operating and maintaining any infrastructure facility. The term infrastructure facility has been defined in the Explanation and the same includes a toll road, a bridge or a rail system, a hi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or these railway sidings, which undoubtedly fell under. the definition of infrastructure facility , it was entitled to the said benefit under Section 80IA of the Act. The grounds on which the Assessing Authority denied the said benefit to the Asessee ignoring the effect of Provisos to Section 80IA(4), therefore, could not be sustained. The learned Tribunal, in our opinion, has rightly held that the 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 of the Act. There is no dispute before us that the Assessee was duly recognised as transferee or assignee of the principal contractor M/s.ST-CMS Compan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 80IA(4) of the Act, which deals with deduction to enterprise involved in developing, operating and maintaining the infrastructure facilities. Obviously, if the Assessee is getting only fees for the maintenance of certain power generating plant, as was the case before the Co ordinate Bench of this Court in Covanta case (supra), he may not be entitled to such deduction, but the fact situation before us is entirely different and, therefore, we do not find any support from the said case cited by the learned counsel for the Revenue. 11. We are, therefore, of the considered opinion that there is no merit in these appeals filed by the Revenue and the questions of law framed above deserve to be answered in favour of the Asessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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