CIT v. ABG Heavy Industries Ltd.

322 ITR 323High Court2010#388 most cited

What is CIT v. ABG Heavy Industries Ltd. authority for?

The Assessing Officer cannot deny a Section 80IA deduction by merely asserting that the assessee is not a "developer" without considering the relevant agreements and facts. Entitlement to Section 80IA deduction requires a thorough examination of the assessee's role as a developer.

229

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2015 to 2025.

Also referred to as

CIT v. ABG Heavy Industries Ltd. · 322 ITR 323 · Section 80IA · deduction u/s 80IA · developer status · infrastructure facility · eligible business · Assessing Officer observation · binding precedent · claim denial

Also reported as

189 Taxmann 54

Sections most often in play

Section 80IASection 80P(2)(d)Section 80P(2)(a)(i)Section 80P(4)Section 80IA(4)Section 143(1)Section 37Section 80P(1)
Read the full judgment

Issues it is cited on

section 80ia(13)section 56(i)(ccv)section 80ia(4)(i)section 80ia(4)infrastructure facilitydeduction u/s 80iadeduction under section 80iasection 80iatax benefitsection 80p(1)section 80ieligible business

Judgments citing CIT v. ABG Heavy Industries Ltd.

Assistant Commissioner Income-Tax vs. D.M. Corporation Pvt. Ltd., Kolhapur

In the result, appeals of Revenue for assessment years 2006-07 to 2009-10 are allowed and for assessment years 2010-11 to 2012-13 are dismissed

ITA 1806/PUN/2014[2007-08]Status: DisposedITAT Pune23 Mar 2018AY 2007-08

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.1805 To 1811/Pun/2014 यििाारण वषा / Assessment Years : 2006-07 To 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Central Circle, Kolhapur …. Vs. D.M. Corporation Pvt. Ltd., 240/B, Mohite House, Gen. Thorat Marg, …. प्रत्यथी / Respondent Tarabai Park, Kolhapur Pan: Aadcm6281H

For Appellant: Ms. Nirupama Kotru, CITFor Respondent: S/Shri Nikhil Pathak /
Section 119(2)Section 132Section 132(4)Section 139(1)Section 143(1)Section 143(3)Section 153ASection 80I

…htra to undertake the projects for which assessee has claimed deduction u/s 80IA(4) of the I.T. Act. 3. On the facts and in the circumstances of the case, the CIT(A) has erred in relying on the decision in the case of CIT vs. ABG Heavy Industries Ltd. (2010) (322 ITR 323) (Bom.) when facts of the case are different. 4. On the facts and in the circumstances of the case, the CIT(A) has erred in facts in ignoring the instruction No.3 of 2008 giving clarification in respect of the provisions of the Finance Act, 2007 wherein clarification in respect of "Developer and Contractor" is also given. It is specifically state…

Assistant Commissioner Income-Tax vs. D.M. Corporation Pvt. Ltd., Kolhapur

In the result, appeals of Revenue for assessment years 2006-07 to 2009-10 are allowed and for assessment years 2010-11 to 2012-13 are dismissed

ITA 1805/PUN/2014[2006-07]Status: DisposedITAT Pune23 Mar 2018AY 2006-07

Bench: Ms. Sushma Chowla, Jm & Shri D. Karunakara Rao, Am आयकर अपीऱ सं. / Ita Nos.1805 To 1811/Pun/2014 यििाारण वषा / Assessment Years : 2006-07 To 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Central Circle, Kolhapur …. Vs. D.M. Corporation Pvt. Ltd., 240/B, Mohite House, Gen. Thorat Marg, …. प्रत्यथी / Respondent Tarabai Park, Kolhapur Pan: Aadcm6281H

For Appellant: Ms. Nirupama Kotru, CITFor Respondent: S/Shri Nikhil Pathak /
Section 119(2)Section 132Section 132(4)Section 139(1)Section 143(1)Section 143(3)Section 153ASection 80I

…htra to undertake the projects for which assessee has claimed deduction u/s 80IA(4) of the I.T. Act. 3. On the facts and in the circumstances of the case, the CIT(A) has erred in relying on the decision in the case of CIT vs. ABG Heavy Industries Ltd. (2010) (322 ITR 323) (Bom.) when facts of the case are different. 4. On the facts and in the circumstances of the case, the CIT(A) has erred in facts in ignoring the instruction No.3 of 2008 giving clarification in respect of the provisions of the Finance Act, 2007 wherein clarification in respect of "Developer and Contractor" is also given. It is specifically state…

ACIT, Cir-33, Kolkata vs. M/S Ho Hup Simplex Jv, Kolkata

In the result, the appeal of the revenue is dismissed

ITA 692/KOL/2016[2010-2011]Status: DisposedITAT Kolkata21 Mar 2018AY 2010-2011

Bench: Hon’Ble Shri Aby. T. Varkey, Jm & Shri M.Balaganesh, Am ] I.T.A No. 692/Kol/2016 Assessment Year : 2010-11 Acit, Circle-33, Kolkata -Vs- M/S Ho Hup Simplex Jv [Pan: Aaaah 0653 B] (Appellant) (Respondent)

For Appellant: Shri Arindam Bhattacharjee, Addl. CITFor Respondent: Shri Ravi Tulsiyan, FCA
Section 143(3)Section 80I

…ests of aiding the growth of infrastructure. 5 6 M/s Ho Hup Simplex JV A.Yr.2010-11 6.4 The above discussed legislative intent may be confirmed from the judgment of the Bombay High court in case of Commissioner of Income-tax v. ABG Heavy Industries Limited [322 ITR 323]. 6.5 In the background of the legislative intent behind insertion of sub-section (4) as discussed above, if we interpret the Explanation in a way that income from infrastructure development work undertaken under any contract with any person including the Central or State Government is not eligible for deduction U/S 80-IA, then the basic intenti…

Deputy Commissioner of Income Tax Central Circle-3(4), Mumbai vs. Patel Engineering Ltd, Mumbai

ITA 5269/MUM/2017[2013-14]Status: DisposedITAT Mumbai14 Feb 2018AY 2013-14

Bench: Sri Mahavir Singh, Jm & G. Manjunatha, Am Patel Engineering Ltd. The Dy. Commissioner Of Sv Road, Patel Estate, Income Tax, Cc-3(4),Room Jogeshwari (W), No. 1915, 19Th Floor Air Vs. Mumbai-400102 India Building, Nariman Point, Mumbai-400 021 Appellant .. Respondent Pan No. Aaacp2567L The Dy. Commissioner Of Patel Engineering Ltd. Income Tax, Cc-3(4),Room Sv Road, Patel Estate, No. 1915, 19Th Floor Air India Vs. Jogeshwari (W), Building, Nariman Point, Mumbai-400102 Mumbai-400 021 Appellant .. Respondent

For Appellant: Mayur Kisnadwala, ARFor Respondent: HN Singh, CIT DR
Section 142(1)Section 143(2)Section 143(3)Section 14ASection 234BSection 80I

…der. The assessee also relied upon the decision of ITAT, Mumbai Bench in assessee’s own case for the AY 2005-06 in ITA No. 6605/Mum/2013 dated 18-11-2015 and also the decision of Hon’ble Bombay High Court in the case of CIT Vs ABG Heavy Industries Ltd. (2010) 322 ITR 323. The sum and substance of arguments of the assessee before the CIT(A) is that the assessee is developing infrastructure projects for various government authorities for development of dams and hydro-electric power projects which are in the nature of infrastructure facilities as defined u/s 80IA and qualifies for deduction u/s 80IA(4) of the Act. T…

Patel Engineering Ltd, Mumbai vs. Deputy Commissioner of Income Tax Central Circle-3(4), Mumbai

ITA 4992/MUM/2017[2013-14]Status: DisposedITAT Mumbai14 Feb 2018AY 2013-14

Bench: Sri Mahavir Singh, Jm & G. Manjunatha, Am Patel Engineering Ltd. The Dy. Commissioner Of Sv Road, Patel Estate, Income Tax, Cc-3(4),Room Jogeshwari (W), No. 1915, 19Th Floor Air Vs. Mumbai-400102 India Building, Nariman Point, Mumbai-400 021 Appellant .. Respondent Pan No. Aaacp2567L The Dy. Commissioner Of Patel Engineering Ltd. Income Tax, Cc-3(4),Room Sv Road, Patel Estate, No. 1915, 19Th Floor Air India Vs. Jogeshwari (W), Building, Nariman Point, Mumbai-400102 Mumbai-400 021 Appellant .. Respondent

For Appellant: Mayur Kisnadwala, ARFor Respondent: HN Singh, CIT DR
Section 142(1)Section 143(2)Section 143(3)Section 14ASection 234BSection 80I

…der. The assessee also relied upon the decision of ITAT, Mumbai Bench in assessee’s own case for the AY 2005-06 in ITA No. 6605/Mum/2013 dated 18-11-2015 and also the decision of Hon’ble Bombay High Court in the case of CIT Vs ABG Heavy Industries Ltd. (2010) 322 ITR 323. The sum and substance of arguments of the assessee before the CIT(A) is that the assessee is developing infrastructure projects for various government authorities for development of dams and hydro-electric power projects which are in the nature of infrastructure facilities as defined u/s 80IA and qualifies for deduction u/s 80IA(4) of the Act. T…

Assistant Commissioner of Income-Tax vs. Mahalaxmi Infraprojects Ltd., Kolhapur

In the result, all the appeals of Revenue are dismissed

ITA 147/PUN/2016[2012-13]Status: DisposedITAT Pune17 Jan 2018AY 2012-13

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.142 To 145/Pun/2016 यििाारण वषा / Assessment Years : 2007-08 To 2010-11 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P आयकर अपीऱ सं. / Ita Nos.146 & 147/Pun/2016 यििाारण वषा / Assessment Years : 2011-12 & 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P

For Appellant: Shri Rajeev Kumar, CITFor Respondent: S/Shri Nikhil Pathak and N.T. Jadhav
Section 133ASection 143(3)Section 153ASection 154Section 80I

…ered on account of purchases. 2. Whether on the facts and in the circumstances of the case and in law, the learned CIT(Appeals) erred in holding that the ratio laid down by the Hon’ble Mumbai High Court in the case of CIT Vs. ABG Heavy Industries Ltd. (2010) (322 ITR 323) (Bom) is applicable to the facts and circumstances of assessee’s case? 3. Whether on the facts and in the circumstances of the case and in law, the CIT(A) erred in holding that the enterprise carrying on the business [of (i) developing or (ii) operating and maintaining or (iii) developing, operating and maintaining] be read cumulative though it…

Assistant Commissioner of Income-Tax vs. Mahalaxmi Infraprojects Ltd., Kolhapur

In the result, all the appeals of Revenue are dismissed

ITA 146/PUN/2016[2011-12]Status: DisposedITAT Pune17 Jan 2018AY 2011-12

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.142 To 145/Pun/2016 यििाारण वषा / Assessment Years : 2007-08 To 2010-11 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P आयकर अपीऱ सं. / Ita Nos.146 & 147/Pun/2016 यििाारण वषा / Assessment Years : 2011-12 & 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P

For Appellant: Shri Rajeev Kumar, CITFor Respondent: S/Shri Nikhil Pathak and N.T. Jadhav
Section 133ASection 143(3)Section 153ASection 154Section 80I

…ered on account of purchases. 2. Whether on the facts and in the circumstances of the case and in law, the learned CIT(Appeals) erred in holding that the ratio laid down by the Hon’ble Mumbai High Court in the case of CIT Vs. ABG Heavy Industries Ltd. (2010) (322 ITR 323) (Bom) is applicable to the facts and circumstances of assessee’s case? 3. Whether on the facts and in the circumstances of the case and in law, the CIT(A) erred in holding that the enterprise carrying on the business [of (i) developing or (ii) operating and maintaining or (iii) developing, operating and maintaining] be read cumulative though it…

Assistant Commissioner of Income-Tax vs. Mahalaxmi Infraprojects Ltd., Kolhapur

In the result, all the appeals of Revenue are dismissed

ITA 145/PUN/2016[2010-11]Status: DisposedITAT Pune17 Jan 2018AY 2010-11

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.142 To 145/Pun/2016 यििाारण वषा / Assessment Years : 2007-08 To 2010-11 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P आयकर अपीऱ सं. / Ita Nos.146 & 147/Pun/2016 यििाारण वषा / Assessment Years : 2011-12 & 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P

For Appellant: Shri Rajeev Kumar, CITFor Respondent: S/Shri Nikhil Pathak and N.T. Jadhav
Section 133ASection 143(3)Section 153ASection 154Section 80I

…ered on account of purchases. 2. Whether on the facts and in the circumstances of the case and in law, the learned CIT(Appeals) erred in holding that the ratio laid down by the Hon’ble Mumbai High Court in the case of CIT Vs. ABG Heavy Industries Ltd. (2010) (322 ITR 323) (Bom) is applicable to the facts and circumstances of assessee’s case? 3. Whether on the facts and in the circumstances of the case and in law, the CIT(A) erred in holding that the enterprise carrying on the business [of (i) developing or (ii) operating and maintaining or (iii) developing, operating and maintaining] be read cumulative though it…

Assistant Commissioner of Income-Tax vs. Mahalaxmi Infraprojects Ltd., Kolhapur

In the result, all the appeals of Revenue are dismissed

ITA 143/PUN/2016[2008-09]Status: DisposedITAT Pune17 Jan 2018AY 2008-09

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am आयकर अपीऱ सं. / Ita Nos.142 To 145/Pun/2016 यििाारण वषा / Assessment Years : 2007-08 To 2010-11 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P आयकर अपीऱ सं. / Ita Nos.146 & 147/Pun/2016 यििाारण वषा / Assessment Years : 2011-12 & 2012-13 The Asst. Commissioner Of Income Tax, अऩीऱाथी/Appellant Circle-1, Kolhapur …. Vs. Mahalaxmi Infraprojects Ltd., 223/3, S-1, B, Malati Towers, E Ward, Tarabai Park, …. प्रत्यथी / Respondent Kolhapur Pan: Aadcm2170P

For Appellant: Shri Rajeev Kumar, CITFor Respondent: S/Shri Nikhil Pathak and N.T. Jadhav
Section 133ASection 143(3)Section 153ASection 154Section 80I

…ered on account of purchases. 2. Whether on the facts and in the circumstances of the case and in law, the learned CIT(Appeals) erred in holding that the ratio laid down by the Hon’ble Mumbai High Court in the case of CIT Vs. ABG Heavy Industries Ltd. (2010) (322 ITR 323) (Bom) is applicable to the facts and circumstances of assessee’s case? 3. Whether on the facts and in the circumstances of the case and in law, the CIT(A) erred in holding that the enterprise carrying on the business [of (i) developing or (ii) operating and maintaining or (iii) developing, operating and maintaining] be read cumulative though it…

Jsw Steel Ltd, Mumbai vs. Pr CIT Cen 4, Mumbai

In the result, appeals of the assessee are allowed

ITA 4086/MUM/2017[2011-12]Status: DisposedITAT Mumbai30 Nov 2017AY 2011-12

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

For Appellant: Shri Rakesh JoshiFor Respondent: Shri S.K. Saikja
Section 132Section 153ASection 153DSection 263Section 80I

…ounsel for the assessee submitted that, it is very clear from the above clause that the assessee is bearing the expenses of maintenance of the sidings. Even otherwise he submits that the Hon'ble Bombay High Court in case of CIT v. ABG Heavy Industries Limited 322 ITR 323(Bom) has held that: - M/s. JSW Steel Ltd. "Deduction under section 80-IA is available to an enterprise which (I) develops; or (ii) operates and maintains; or (iii) develops, maintains and operates that infrastructure facility inasmuch as subsequent amendment to section 80-IA(4) has made it clear that three conditions of development, operation and…

Jsw Steel Ltd, Mumbai vs. Pr CIT Cen 4, Mumbai

In the result, appeals of the assessee are allowed

ITA 4064/MUM/2017[2010-11]Status: DisposedITAT Mumbai30 Nov 2017AY 2010-11

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

For Appellant: Shri Rakesh JoshiFor Respondent: Shri S.K. Saikja
Section 132Section 153ASection 153DSection 263Section 80I

…ounsel for the assessee submitted that, it is very clear from the above clause that the assessee is bearing the expenses of maintenance of the sidings. Even otherwise he submits that the Hon'ble Bombay High Court in case of CIT v. ABG Heavy Industries Limited 322 ITR 323(Bom) has held that: - M/s. JSW Steel Ltd. "Deduction under section 80-IA is available to an enterprise which (I) develops; or (ii) operates and maintains; or (iii) develops, maintains and operates that infrastructure facility inasmuch as subsequent amendment to section 80-IA(4) has made it clear that three conditions of development, operation and…

Jsw Steels Ltd, Mumbai vs. Pr CIT Cen 4, Mumbai

In the result, appeals of the assessee are allowed

ITA 4063/MUM/2017[2009-10]Status: DisposedITAT Mumbai30 Nov 2017AY 2009-10

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

For Appellant: Shri Rakesh JoshiFor Respondent: Shri S.K. Saikja
Section 132Section 153ASection 153DSection 263Section 80I

…ounsel for the assessee submitted that, it is very clear from the above clause that the assessee is bearing the expenses of maintenance of the sidings. Even otherwise he submits that the Hon'ble Bombay High Court in case of CIT v. ABG Heavy Industries Limited 322 ITR 323(Bom) has held that: - M/s. JSW Steel Ltd. "Deduction under section 80-IA is available to an enterprise which (I) develops; or (ii) operates and maintains; or (iii) develops, maintains and operates that infrastructure facility inasmuch as subsequent amendment to section 80-IA(4) has made it clear that three conditions of development, operation and…

Jsw Stel Ltd, Mumbai vs. Pr CIT Cen 4, Mumbai

In the result, appeals of the assessee are allowed

ITA 4062/MUM/2017[2008-09]Status: DisposedITAT Mumbai30 Nov 2017AY 2008-09

Bench: Shri C.N. Prasad, Hon'Ble & Shri Manoj Kumar Aggarwal, Hon'Ble

For Appellant: Shri Rakesh JoshiFor Respondent: Shri S.K. Saikja
Section 132Section 153ASection 153DSection 263Section 80I

…ounsel for the assessee submitted that, it is very clear from the above clause that the assessee is bearing the expenses of maintenance of the sidings. Even otherwise he submits that the Hon'ble Bombay High Court in case of CIT v. ABG Heavy Industries Limited 322 ITR 323(Bom) has held that: - M/s. JSW Steel Ltd. "Deduction under section 80-IA is available to an enterprise which (I) develops; or (ii) operates and maintains; or (iii) develops, maintains and operates that infrastructure facility inasmuch as subsequent amendment to section 80-IA(4) has made it clear that three conditions of development, operation and…

DCIT, Circle-12(2), Kolkata vs. M/S. Simplex Infrastructures Ltd., Kolkata

In the result, Ground No. 1 of the revenue is dismissed

ITA 141/KOL/2015[2006-2007]Status: DisposedITAT Kolkata25 Oct 2017AY 2006-2007

Bench: Sri N.V. Vasudevan & Sri J. Sudhakar Reddy]

Section 250Section 80Section 80ISection 91

…own case for the earlier Assessment Year in ITA No. 1840/Kol/2014 for the Assessment Year 2010-11, order dt. 30/06/2017. He relied on the decision of the Hon’ble Bombay High Court in the case of Commissioner of Income Tax vs. ABG Heavy Industries Limited [322 ITR 323]. For the Assessment Year 2005-06. On the issue of whether launchpad is an airport or not, he relied on the submissions made before the ld. CIT(A), which is extracted at page 13 & 14 of his order. The sum and substance of the submissions is that, port is a point/place, from where the landing and take off takes place into air by airborne vehicle…

DCIT, Circle-12(2), Kolkata vs. M/S. Simplex Infrastructures Ltd., Kolkata

In the result, Ground No. 1 of the revenue is dismissed

ITA 140/KOL/2015[2005-2006]Status: DisposedITAT Kolkata25 Oct 2017AY 2005-2006

Bench: Sri N.V. Vasudevan & Sri J. Sudhakar Reddy]

Section 250Section 80Section 80ISection 91

…own case for the earlier Assessment Year in ITA No. 1840/Kol/2014 for the Assessment Year 2010-11, order dt. 30/06/2017. He relied on the decision of the Hon’ble Bombay High Court in the case of Commissioner of Income Tax vs. ABG Heavy Industries Limited [322 ITR 323]. For the Assessment Year 2005-06. On the issue of whether launchpad is an airport or not, he relied on the submissions made before the ld. CIT(A), which is extracted at page 13 & 14 of his order. The sum and substance of the submissions is that, port is a point/place, from where the landing and take off takes place into air by airborne vehicle…

DCIT, Circle-4(1), Bhubaneswar vs. M/S. Arss Triveni Jv, Bhubaneswar

In the result, all the appeals filed by the revenue are dismissed

ITA 271/CTK/2016[2010-11]Status: DisposedITAT Cuttack24 Oct 2017AY 2010-11

Bench: S/Shri N.S Saini & Pavan Kumar Gadaleassessment Year : 2010-2011

For Appellant: Shri P.S.Panda, ARFor Respondent: Shri D.K.Pradhan DR
Section 143(3)Section 80I

…lfilled all the conditions for entitlement of deduction, even viewing from the point of view of Explanation so inserted by the Finance Act, 2009. This issue is also covered by the decision of Hon'ble Bombay High Court in the case of ABG Heavy Industries Ltd., 322 ITR 323, wherein the Hon'ble Bombay High Court held as under :- "Right from 1996, the CBDT was seized with the question, as to whether infrastructure facilities developed under a BOLT project would qualify for exemption under section 80-IA. The first circular in that regard was issued on 23-1-1996, which specifically dealt with whether section 80-IA(4A)…

ITO, Ward-4(3), Bhubaneswar vs. Backbone Arss Jv, Bhubaneswar

In the result, appeals of the revenue are dismissed

ITA 275/CTK/2016[2011-12]Status: DisposedITAT Cuttack19 Sept 2017AY 2011-12
For Appellant: Shri P.S.Panda/K.Agarwalla, ARFor Respondent: Shri D.K.Pradhan, DR
Section 143(2)Section 143(3)Section 260ASection 80I

…lfilled all the conditions for entitlement of deduction, even viewing from the point of view of Explanation so inserted by the Finance Act, 2009. This issue is also covered by the decision of Hon’ble Bombay High Court in the case of ABG Heavy Industries Ltd., 322 ITR 323, wherein the Hon’ble Bombay High Court held as under :- "Right from 1996, the CBDT was seized with the question, as to whether infrastructure facilities developed under a BOLT project would qualify for exemption under section 80-IA. The first circular in that regard was issued on 23-1-1996, which specifically dealt with whether section 80-IA(4A)…

ITO, Ward-4(3), Bhubaneswar vs. Backbone Arss Jv, Bhubaneswar

In the result, appeals of the revenue are dismissed

ITA 274/CTK/2016[2010-11]Status: DisposedITAT Cuttack19 Sept 2017AY 2010-11
For Appellant: Shri P.S.Panda/K.Agarwalla, ARFor Respondent: Shri D.K.Pradhan, DR
Section 143(2)Section 143(3)Section 260ASection 80I

…lfilled all the conditions for entitlement of deduction, even viewing from the point of view of Explanation so inserted by the Finance Act, 2009. This issue is also covered by the decision of Hon’ble Bombay High Court in the case of ABG Heavy Industries Ltd., 322 ITR 323, wherein the Hon’ble Bombay High Court held as under :- "Right from 1996, the CBDT was seized with the question, as to whether infrastructure facilities developed under a BOLT project would qualify for exemption under section 80-IA. The first circular in that regard was issued on 23-1-1996, which specifically dealt with whether section 80-IA(4A)…

M/S. Samrat Corporation, Ahmedabad vs. The Income Tax Officer, Ward-9(3), Ahmedabad

ITA 1147/AHD/2011[2000-01]Status: DisposedITAT Ahmedabad30 Aug 2017AY 2000-01

Bench: Shri Pramod Kumar & Shri S. S. Godara.

For Appellant: Shri M. K. Patel, A.RFor Respondent: Shri Roopchand, Sr. D.R
Section 143(3)Section 148Section 44ASection 80I

…ebruary, 2013 and on somewhat peculiar fact situation in this case, the final order of the Tribunal did not endorse these views. Quite to the contrary, following Hon'ble Bombay High Court decision in the case of CIT Vs ABG Heavy Industries Ltd and Ors [(2010) 322 ITR 323 (Bom)] and upon by taking into account Hon'ble Bombay High Court's specific directions in the case before the Tribunal, the Tribunal's final order had, inter alia, concluded as follows: .......while giving effect to the opinion of Third Member u/s.255(4) of the Act, we take view in conformity with order of jurisdictional High Court in case of AB…

DCIT CC 3(4) Cen RG 3, Mumbai vs. Patel Engineering Ltd, Mumbai

In the result, appeal of the Revenue is dismissed and the cross objection of the Assessee is allowed in part in terms indicated herein above

ITA 3643/MUM/2015[2005-06]Status: DisposedITAT Mumbai27 Apr 2017AY 2005-06

Bench: Shri C.N. Prasad & Shri Ashwani Taneja

For Appellant: Shri Mayur KisnadwalaFor Respondent: Smt Vidisha Kalra
Section 143(3)Section 801A(4)Section 80I

…all sums received till the final completion certificate is issued on completion of the defect liability period, are considered interim payments. While holding so the CIT(A) relied on the decisions of the Hon'ble Bombay High Court in ABG Heavy Industries Ltd. 322 ITR 323 (pa ía 5 of that order), assessee's own case for AY 2000-01 reported in 94 lTD 411 (paras 46 and 47) and Bharat Udyog Ltd. 24 SOT 412 to hold that the assessee is a developer and not a contractor. 7. We had also gone through the tender document filed by the assessee which is placed on record, after analyzing the major clause of the agreement to d…