ITAT rejected the assessee's claim for deduction under Section ...

Infrastructure Development Tax Deduction Denied: Lack of Investment Risk and Entrepreneurial Commitment Invalidates Section 80IA Claim

April 5, 2025

Case Laws     Income Tax     AT

ITAT rejected the assessee's claim for deduction under Section 80IA, determining that the appellant did not qualify as a "developer" or "contractor" for infrastructure projects. The tribunal found no evidence of investment in the projects, and the agreements did not impose financial obligations on the assessee. The court emphasized that being a developer requires undertaking entrepreneurial and investment risks, which the assessee failed to demonstrate. Despite being contracted for design and completion work, the assessee could not substantiate the primary conditions for claiming the deduction. Consequently, the tribunal ruled against the assessee's tax benefit claim.

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