The assessee provided project advisory services to Special ...

Contractor denied tax deduction for advisory services to separate SPVs executing infrastructure projects u/s 80IA.

Case Laws     Income Tax

August 17, 2024

The assessee provided project advisory services to Special Purpose Vehicles (SPVs) formed to execute infrastructure contracts obtained from NHAI. The assessee contended that the SPVs were its 'enterprise' or 'undertaking' for claiming deduction u/s 80IA. However, it was held that the SPVs were separate legal entities executing the infrastructure facility development and operation work. The assessee raised invoices on the SPVs for its services, indicating recognition of the SPVs as separate entities. The SPVs filed separate returns, and the assessee's income was not credited to its profit and loss account, contrary to an owned enterprise. The consortium members charged the SPVs more than their costs, earning profits. Therefore, the SPVs could not be considered the assessee's undertaking, and the assessee merely executed a works contract for the SPVs. Consequently, the assessee was ineligible for deduction u/s 80IA as a works contractor. The Appellate Tribunal upheld the rejection of the Section 80IA deduction claim.

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