ITAT dismissed appellant's claim for deduction under section ...

Metro Tunnel Contractor Denied Section 80IA Benefits but Wins Deduction for Technical Service Fees Under Section 37

February 20, 2025

Case Laws     Income Tax     AT

ITAT dismissed appellant's claim for deduction under section 80IA regarding metro tunnel construction contract. The tribunal determined appellant was merely a contractor and LMRCL, being a special purpose vehicle, did not qualify as government/statutory authority required under section 80IA(4). However, ITAT upheld CIT(A)'s decision allowing deduction of legal and professional fees paid to Gulemark TPL JV under section 37. The technical service fees were validated through bank payment records, visa documentation of visiting employees, accommodation agreements, and travel expenses. The expenditure was deemed legitimate business expense since AO had accepted it as revenue expenditure rather than capital expenditure.

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