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TMI Blog2010 (11) TMI 1129X X X X Extracts X X X X X X X X Extracts X X X X ..... against the order of the CIT(A)-I, Pune dated 04-05-2009. The only ground raised as under:- 1. The Commissioner of Income Tax Appeals-I, (Pune) has erred in disallowing the deduction u/s. 80-IA(4) for A.Y 2006-07 Rs. 99,34,780/-. 2. At the very outset Ld. Counsel for the assessee fairly agreed that the issue in question relates to the claim of deduction u/s. 80-IA(4) of the Income Tax Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h structures are built on BOT or BOLT Scheme and there is an agreement that the same should be transferred to the said authority on the expiry of the time stipulated in the agreement. The C.B.D.T being the competent authority for the purpose of delegation of legislation as law making power of C.B.D.T is understood, the ambit of circular should not be enlarged to include the activity into which the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , there may be development of infrastructure without its construction. It was rightly found misplaced to the facts in the case of the assessee. As per the provisions of Sub Section (1) to Section 80 IA, where gross total income of assessee include any profit and gain derived by an undertaking or an enterprise from any business referred to Sub-section (4), and deduction of an amount equal to 100% o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion. Adding additional facility cannot be said that an infrastructural facility in the nature of road as defined in Explanation to Section 80IA(4). 5. In view of the above, we hold that the assessee did not develop any infrastructural facility in the nature of road as defined in Explanation to sub-section (4) to 80 IA of Income Tax and therefore, the action of the A.O denying the deduction to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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