Profession - Infrastructure Development - Developer - Deduction - ITAT - Tax Scan

Contemplating a bunch of appeals filed by the assessee, the Ahmedabad Bench of the Revenue Tax Appellate Tribunal comprising Ms. Annapurna Gupta, Accountant Member and Mr. Mahaveer Prasad, Judicial Member, has held that the enterprise of infrastructure improvement is throughout the definition of developer. Comes below and permits deduction below part 80IA (4) of the Revenue Tax Act, 1961 to be claimed.

The appellant is engaged within the enterprise of infrastructure improvement and has complete revenue of Rs. 5,18,334/-, which was processed below part 143(1)(a) of the Act and an inquiry proceedings thereafter. The assessee claimed deduction below part 80IA(4)(i) of the Act of Rs. 48,19,950/- for the 12 months into account arising out of engagement within the improvement of roads. The AO didn’t discover the declare of the assessee acceptable and the evaluation was accomplished with an addition of Rs. 48,19,650/-, which was confirmed by the First Appellate Authority.

The appellant argued that he had carried out the development and improvement of roads in settlement with the native authorities of the State and different statutory authorities and had fulfilled all of the circumstances talked about below the provisions of part 80IA(4). He additional submitted that the expression ‘work contract’ has been outlined because the actions undertaken embody the event of the undertaking, the engagement of varied businesses, the danger components concerned, the elevating of personal funds and the usage of their very own funds within the development of the undertaking. funding, then the case of the assessee falls throughout the which means of the expression “developer”.

It was noticed that the tender paperwork clearly present that the assessee has to rearrange his personal funds, buy his personal plant and equipment and all materials at his personal value, and have certified personnel for development and improvement of fundamental tasks. is to be deployed. The assessee claimed depreciation on plant and equipment because it has been used for improvement of infrastructure facility tasks.

The Tribunal noticed that the tender work into account is for improvement facility as an entire and the work finished by the assessee is improvement of infrastructure facility and is handled as a developer, who’s claiming profit below part 80IA(4). compels the assessee to take action. ) of the Act. For the reason that assessee has already been granted reduction by us below part 80IA(4) and agreed as to the standing of a developer and was entitled to consequential declare of depreciation on plant and equipment of Rs. 31,78,286/-.

All of the appeals filed by the assessee had been allowed. The assessee is represented by Shri Mehul Okay. Patel and income was represented by Mr. R.R. Makwana did it.

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M / s. Aakash Infra Initiatives P. Ltd. Vs ITO

Appellant’s counsel: Shri Mehul Okay. Patel

Counsel for the Respondent: Mr. R.R. makwana

Quote: 2022 TaxScan (ITAT) 866

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