DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - (1), PANAJI vs. M/S GOA STATE INFRASTRUCTURE DEVELOPMENT CORPORATION LIMITED , PANAJI
In the result, both the appeal of assessee and the revenue are dismissed
ITA 453/PAN/2018[2014-15]Status: DisposedITAT Panaji02 Sept 2022AY 2014-15
Bench: Shri Chandra Mohan Garg & Shri Girish Agrawalassessment Year: 2014-15 Goa State Infrastructure Income Tax Officer, Ward- Development Corporation 1(1), Panaji – Goa 403 001. Ltd. Vs. 7Th Floor, Edc House, Dr. A. B. Road, Panaji, Goa 403001 (Pan: Blrgo3663C) (Appellant) (Respondent) & Assessment Year: 2014-15 Deputy Commissioner Of Goa State Infrastructure Income-Tax, Circle-1(1), Vs. Development Corporation Panaji, Goa Ltd., Panaji . (Appellant) (Respondent) Present For: Assessee By : Shri Jitendra Jain, Ar Department By : Shri Mayur Kamble, Sr. Dr Date Of Hearing : 15.06.2022 Date Of Pronouncement : 02.09.2022 O R D E R Per Girish Agrawal: Both These Cross Appeals Preferred By The Assessee & The Revenue Are Directed Against The Order Of Ld. Cit(A)-2, Panaji Vide Ita No. 143/Cit(A)-2/Pnj/2017-18 & Ita No. 42/Cit(A)-1/Pnj/2017-18 Dated 27.09.2018 For A.Y. 2014-15 Passed Against The Assessment Order U/S 143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By Ito, Ward-1(1), Panaji-Goa Dated 19.12.2016. 2. Shri Jitendra Jain, Ar Appeared On Behalf Of The Assessee & Shri Mayur Kamble, Sr. Dr Appeared On Behalf Of The Revenue. M/S. Goa State Infrastructure Development Corporation Ltd. A.Y: 2015-16 3. The Only Issue Involved In These Two Cross Appeals Is In Relation To Disallowance Of Deduction Of Rs.3,37,35,560/- Claimed By The Assessee U/S. 80Ia Of The Act. The Assessee Is In Appeal In Respect Of Disallowance Of An Amount Of Rs.23,97,310/- & The Department Is In Appeal In Respect Of Relief Granted By The Ld. Cit(A) For Allowance Of Rs.3,13,38,250/-, Both Comprising The Total Claim Of Rs.3,37,35,560/-.
For Appellant: Shri Jitendra Jain, ARFor Respondent: Shri Mayur Kamble, Sr. DR
Section 143(3)Section 80I
…r (iii) developing, operating and maintaining a new infrastructure facility. For this purpose, I place reliance on the order of Hon'ble ITAT, Mumbai larger third Member Bench in the case of B. T. Patil & Sons Belgaum Construction (P) Ltd. v. Asstt. CIT [2010] 35 SOT 171. It is submitted that therein the assessee is engaged in development of infrastructure facility by way of constructing Road for PWD Department of the Government and it was held that the appellant is eligible for deduction u/s. 80IA(4) of the Act.” 4.10. In addition to the findings given in above extracts, Ld. CIT(A) also dealt with the amendments…
