The assessee, a works contractor, filed a return in compliance ...

Contractor rightfully claims deduction u/s 80IA in return filed after Section 153A notice.

Case Laws Income Tax

October 25, 2024

The assessee, a works contractor, filed a return in compliance with Section 153A notice and claimed deduction u/s 80IA, which was not claimed in the original return filed u/s 139(1). The CIT(A) concluded that the assessee rightfully claimed the deduction u/s 80IA in the return filed pursuant to Section 153A notice. The ITAT, relying on judicial precedents like Kirit Dahyabhai Patel, held that the return filed u/s 153A is construed as a return filed u/s 139, and the assessee can make or modify claims before assessment completion. The CIT(A) rightly observed that the Revenue failed to negate the assessee's claim as a developer carrying out water works for the Bihar government. Considering the facts and judicial precedents, the ITAT found no infirmity in the CIT(A)'s decision allowing the Section 80IA deduction, ruling in favor of the assessee.

View Source

← Previous Next →

The assessee, a works contractor, filed a return in compliance ...

Contractor rightfully claims deduction u/s 80IA in return filed after Section 153A notice.

Case Laws Income Tax

October 25, 2024

You may also like:

The Income Tax Appellate Tribunal considered whether an assessee can claim deduction under Chapter VI-A of the Income Tax Act, 1961 for the first time in the return...

Disallowance of claim u/s 80IA - return of income was not filled as per provisions of section 139(1) - Since the assessee has made substantial compliance to claim the...

Deduction u/s 80IA on the enhanced expenditures made to sub-contractors - The issue of the claim of higher deduction on the enhanced profits has been a contentious one....

Section 80P deduction claim filed in a return submitted in response to notice u/s 142(1) is valid. The Income Tax Act does not mandate that the return must be filed u/ss...

Deduction u/s 80IA - treating the assessee-company as a ‘Contractor’ and not ‘Developer’ by the Department - merely because in the agreement for development of...

Deduction u/s 80IA - merely because in the agreement for development of infrastructure facility, assessee is referred to as contractor or because if some basic...

Deduction u/s.80IA(4) - the contractor, who undertakes for road Widening of the National Highways from 2 lines to 4 lines, is eligible for deduction u/s 80IA(4) - AT

The assessee provided project advisory services to Special Purpose Vehicles (SPVs) formed to execute infrastructure contracts obtained from NHAI. The assessee contended...

Disallowance of deduction u/s 80IA(4)(i) - The tribunal noted the distinction between a developer (who assumes significant risks and responsibilities for the project)...

Reopening of assessment notice beyond four-year period quashed. Assessee submitted complete details for section 80IA deduction claim with return. No failure to disclose...

Deduction u/s 80IA(4)(iv)(a) - deduction was inadvertently not claimed in the return of income filed - In our considered view, if the language of the Statute is plain...

Eligible to claim deduction u/s 80IA - Contracts awarded to JVs - constituents of JVs are eligible to claim deduction u/s 80IA

Deduction u/s 80IA - AO held that the assessee maintained consolidated figure of power generation unit and no separate and independent books of account was maintained by...

The ITAT ruled on the assessment u/s 153A regarding lodging new claims of deduction u/s 80-IA. Assessee made fresh claims for deduction u/s 80IA(4) in compliance with...

Excess work in progress detected during survey was accepted by assessee as income u/s 69B, taxable at 30%. Assessee claimed such income as part of closing stock to be...

Quick Updates: