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.

Asst CIT Cir 3, Thane vs. Ncc SMC Jv, Thane

In the result the appeal of the revenue is dismissed

ITA 7078/MUM/2014[2009-10]Status: DisposedITAT Mumbai27 Apr 2017AY 2009-10

Bench: Shri Shamim Yahya & Pawan Singhआयकरअपील सं./I.T.A. No. 7078/Mum/2014 (िनधा"रणवष" / Assessment Year: 2009-10) Asstt. Commissioner Of Income Tax M/S Ncc Smc Jv Circle-3, Room No. 02, 101, Akurti Smc, 6Th Floor, Ashar It Park, L.B.S. Marg, Vs B-Wing, Wagle Indl. Estate, Khopat-400601 Thane (W)-400604 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaefn0093N (Revenue) (Assessee) अपीलाथ"कीओरसे/Revenue By : Shri. Suman Kumar (Dr) ""थ"कीओरसे/Assessee By : Shri. Neelkanth Khandelwal (Ar) सुनवाईकीतारीख/ : 27/04/2017 Date Of Hearing घोषणाकीतारीख/ : 27 /04/2017 Date Of Pronouncement

For Appellant: Shri. Neelkanth KhandelwalFor Respondent: Shri. Suman Kumar (DR)
Section 253Section 80I

…d 23.03. 201 1 the appellant is withdrawing its appeal. 2. Further, while considering the matter fresh, the Tribunal will take into consideration all decisions including the decision of this court in the matter of CIT v. ABG Heavy Industries Ltd. Reported in 322 ITR 323. All contentions are kept open." 3 The appeal is dismissed of in above terms.” 10.8 In the order the Tribunal after considering the decision of Hon’ble Bombay High Court in the case of CIT vs. ABG Heavy Industries Ltd. (supra) has decided the issue in favour of assessee. While deciding the presentappeal vide order dated 9/2/2010 it was found by…

ACIT, Cir-33, Kolkata vs. M/S Simplex Meinhardt Joint Venture, Kolkata

In the result, both the above appeals of revenue in ITA Nos

ITA 693/KOL/2016[2011-2012]Status: DisposedITAT Kolkata21 Apr 2017AY 2011-2012

Bench: Shri S.S. Viswanethra Ravi & Shri Dr. Arjun Lal Saini

Section 143(2)Section 80I

…charges usage for the project. The assessee is responsible for making the payments of labours and for supply of various items related to the said project. We also find that the Bombay High Court in the case of CIT Vs. ABG Heavy Industries Limited reported in 322 ITR 323 clarify that in order to avail of a deduction, the assessee could (i) develop or (ii) operate and maintain or (iii) develop, operate and maintain the facility. Therefore, the fulfillment of these three activities/ conditions by the assessee would become eligible for claim of deduction. On perusal of the terms and conditions in the agreement, it i…

ACIT, Cir-33, Kolkata vs. M/S Simplex Somdatt Builders Jv, Kolkata

In the result, the appeal filed by the revenue is dismissed

ITA 690/KOL/2016[2011-2012]Status: DisposedITAT Kolkata21 Apr 2017AY 2011-2012

Bench: Shri S.S. Viswanethra Ravi & Shri Dr. Arjun Lal Saini

Section 143(2)Section 80I

…all arrangements for and paying all charges in connection with supply of electricity and water. The assessee was to carry out tests in accordance with law. We also find that the Bombay High Court in the case of CIT Vs. ABG Heavy Industries Limited reported in 322 ITR 323 clarify that in order to avail of a deduction, the assessee could (i) develop or (ii) operate and maintain or (iii) develop, operate and maintain the facility. Therefore, the fulfillment of these three activities/ conditions by the assessee would become eligible for claim of deduction. On perusal of the terms and conditions in the agreement, it i…

M/S. Patel Engineering Ltd, Mumbai vs. The Dy CIT Cen Cir 24 & 26, Mumbai

In the result, both the appeals of assessee are partly allowed

ITA 7283/MUM/2007[2004-2005]Status: DisposedITAT Mumbai29 Mar 2017AY 2004-2005

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

Section 143(3)Section 801A(4)Section 80I

…peal No. 1600 & 1601/2011 under section 260A of the Act and Hon'ble High Court vide order dated 11-02-2014 directed the Tribunal to decide the issue following the decision of Hon’ble Bombay High Court in the case of CIT vs. ABG Heavy Industries Limited (2010) 322 ITR 323. The Tribunal in the case of assessee’s sister concern in Patel KNR JV v. ACIT in ITA No. 7155/Mum/2008 for the AY 2005-06 and in another sister concern KNV Patel JV v. ACIT in ITA No. 7156/Mum/2008 for AY 2005-06 has considered the Page 3 of 20 ITA No.7282 & 7283/Mum/2007 Patel Engineering Ltd. A.Y:03-04 & 04-05 issue and by following the deci…

M/S. Patel Engineering Ltd, Mumbai vs. The Dy CIT Cen Cir 24 & 26, Mumbai

In the result, both the appeals of assessee are partly allowed

ITA 7282/MUM/2007[2003-2004]Status: DisposedITAT Mumbai29 Mar 2017AY 2003-2004

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am

Section 143(3)Section 801A(4)Section 80I

…peal No. 1600 & 1601/2011 under section 260A of the Act and Hon'ble High Court vide order dated 11-02-2014 directed the Tribunal to decide the issue following the decision of Hon’ble Bombay High Court in the case of CIT vs. ABG Heavy Industries Limited (2010) 322 ITR 323. The Tribunal in the case of assessee’s sister concern in Patel KNR JV v. ACIT in ITA No. 7155/Mum/2008 for the AY 2005-06 and in another sister concern KNV Patel JV v. ACIT in ITA No. 7156/Mum/2008 for AY 2005-06 has considered the Page 3 of 20 ITA No.7282 & 7283/Mum/2007 Patel Engineering Ltd. A.Y:03-04 & 04-05 issue and by following the deci…

D.C.I.T., Circle-12, Kolkata vs. M/S Simplex Infrastructure Ltd., Kolkata

In the result, Revenue’s appeal stands dismissed

ITA 2777/KOL/2013[2007-2008]Status: DisposedITAT Kolkata10 Mar 2017AY 2007-2008

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2007-08

Section 143(3)Section 80Section 80I

…s available to a developer, i.e. if, an assessee, merely develops the infrastructure facility without operating and maintaining the same, it is entitled to deduction. The Bombay High court in case of Commissioner of Income-tax v. ABG Heavy Industries Limited [322 ITR 323] observed that "Parliament amended the provisions of section 80-lA of the Act so as to clarify that in order to avail of a deduction, the assessee could (i) develop ; or (ii) operate and maintain ; or (iii) develop, operate and maintain the facility. The condition as regards development, operation and maintenance of an infrastructure facility was…

I.T.O WD - 8(4), Kolkata vs. M/S Spml Infra Ltd, Kolkata

In the result, to sum up

ITA 2286/KOL/2013[2005-06]Status: DisposedITAT Kolkata08 Mar 2017AY 2005-06

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

For Appellant: Shri Ravi Tulsiyan, FCAFor Respondent: Shri Arup Kr. Sinha, CIT
Section 143(3)Section 80I

…is enough if the assessee is a developer. It need not also maintain and operate the infrastructure facility.” 3.2.5. The assessee also placed reliance on the decision of the Hon’ble Bombay High Court in the case of CIT vs ABG Heavy Industries Ltd reported in 322 ITR 323 (Bom) wherein it was observed that : “Parliament amended the provisions of section 80IA of the Act so as to clarify that in order to avail of a deduction , the assessee could (i) develop; or (ii) operate and maintain ; or (iii) develop, operate and maintain the facility. The condition as regards development, operation and maintenance of an infras…

M/S Smpl Infra Ltd ( Eastwhile M/S Subhas Projects & Marketing Ltd), Kolkata vs. D.C.I.T CC - Xxviii, Kolkata

In the result, to sum up

ITA 2035/KOL/2013[2008-09]Status: DisposedITAT Kolkata08 Mar 2017AY 2008-09

Bench: Shri M. Balaganesh, Am & Shri Partha Sarathi Chaudhury, Jm]

For Appellant: Shri Ravi Tulsiyan, FCAFor Respondent: Shri Arup Kr. Sinha, CIT
Section 143(3)Section 80I

…is enough if the assessee is a developer. It need not also maintain and operate the infrastructure facility.” 3.2.5. The assessee also placed reliance on the decision of the Hon’ble Bombay High Court in the case of CIT vs ABG Heavy Industries Ltd reported in 322 ITR 323 (Bom) wherein it was observed that : “Parliament amended the provisions of section 80IA of the Act so as to clarify that in order to avail of a deduction , the assessee could (i) develop; or (ii) operate and maintain ; or (iii) develop, operate and maintain the facility. The condition as regards development, operation and maintenance of an infras…

M/S. Bmw Industries Pvt. Ltd., Kolkata vs. DCIT, Cir-1(2), Kolkata

In the result, appeal by the Assessee is allowed

ITA 1020/KOL/2016[2011-2012]Status: DisposedITAT Kolkata02 Dec 2016AY 2011-2012

Bench: Hon’Ble Sri N.V.Vasudevan, Jm & Dr.Arjun Lal Saini, Am] I.T.A No. 1020/Kol/2016 Assessment Year : 2011-12

For Appellant: Shri D.S.Damle, FCAFor Respondent: Shri G.Mallikarjuna, cIT(DR)
Section 263Section 80I

…Larger Bench that the assessee had to be directly engaged in developing, maintaining and operating the facility and that there had to be a complete development of the facility and not just a part of it is contrary to the law laid down in ABG Heavy Industries 322 ITR 323 (Bom). The High Court held that the effect of the amendment by the Finance Act of 1999 is that the benefit of s. 80IA(4) is available to any enterprise carrying on the business of (i) developing, (ii) maintaining & operating, or (iii) developing, maintaining and operating an infrastructure facility. It was also held that the assessee did not have…

ITO, WD-33(4), Kolkata vs. M/S Somdatt Builders Simplex Jv, Kolkata

In the result, Revenue’s appeals are dismissed

ITA 288/KOL/2014[2007-2008]Status: DisposedITAT Kolkata07 Oct 2016AY 2007-2008

Bench: Shri Waseem Ahmed, Am & Shri K. Narasimha Chary, Jm आयकर अपील सं./Ita Nos.285, 286, 287 & 288/Kol/2014 ("नधा"रण वष" / Assessment Years :2008-09, 2009-10, 2010-11 & 2007-08) Income Tax Officer, Vs. M/S Somdatt Builders Ward-33(4), Kolkata, 10-B, Simplex Jv, 12/1, Neelie Middleton Row, 3Rd Floor, Sengupta Sarani, Kolkata- Kolkata-700071 87 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabas 9777 J .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Appellant: Shri Ravi Tulsiyan, FCAFor Respondent: None
Section 143(3)Section 80

…a developer of an infrastructural facility but not a mere works contractor. At this stage it is relevant to refer to a decision of the Bombay High court and a coordinate Bench of Cuttack Tribunal. In Commissioner of Income-tax v. ABG Heavy Industries Limited [322 ITR 323] the Bombay High Court held that Plainly, right from 1996 CBDT was seized with the question, as to whether infrastructure facilities developed under a BOLT project would qualify for exemption under s. 80-IA of the Act. The first circular in that regard that was issued on 3rd Jan., 1996 specifically dealt with whether s. 80-IA(4A) of the Act would…

ITO, WD-33(4), Kolkata vs. M/S Somdatt Builders Simplex Jv, Kolkata

In the result, Revenue’s appeals are dismissed

ITA 287/KOL/2014[2010-2011]Status: DisposedITAT Kolkata07 Oct 2016AY 2010-2011

Bench: Shri Waseem Ahmed, Am & Shri K. Narasimha Chary, Jm आयकर अपील सं./Ita Nos.285, 286, 287 & 288/Kol/2014 ("नधा"रण वष" / Assessment Years :2008-09, 2009-10, 2010-11 & 2007-08) Income Tax Officer, Vs. M/S Somdatt Builders Ward-33(4), Kolkata, 10-B, Simplex Jv, 12/1, Neelie Middleton Row, 3Rd Floor, Sengupta Sarani, Kolkata- Kolkata-700071 87 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabas 9777 J .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Appellant: Shri Ravi Tulsiyan, FCAFor Respondent: None
Section 143(3)Section 80

…a developer of an infrastructural facility but not a mere works contractor. At this stage it is relevant to refer to a decision of the Bombay High court and a coordinate Bench of Cuttack Tribunal. In Commissioner of Income-tax v. ABG Heavy Industries Limited [322 ITR 323] the Bombay High Court held that Plainly, right from 1996 CBDT was seized with the question, as to whether infrastructure facilities developed under a BOLT project would qualify for exemption under s. 80-IA of the Act. The first circular in that regard that was issued on 3rd Jan., 1996 specifically dealt with whether s. 80-IA(4A) of the Act would…

ITO, WD-33(4), Kolkata vs. M/S Somdatt Builders Simplex Jv, Kolkata

In the result, Revenue’s appeals are dismissed

ITA 286/KOL/2014[2009-2010]Status: DisposedITAT Kolkata07 Oct 2016AY 2009-2010

Bench: Shri Waseem Ahmed, Am & Shri K. Narasimha Chary, Jm आयकर अपील सं./Ita Nos.285, 286, 287 & 288/Kol/2014 ("नधा"रण वष" / Assessment Years :2008-09, 2009-10, 2010-11 & 2007-08) Income Tax Officer, Vs. M/S Somdatt Builders Ward-33(4), Kolkata, 10-B, Simplex Jv, 12/1, Neelie Middleton Row, 3Rd Floor, Sengupta Sarani, Kolkata- Kolkata-700071 87 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabas 9777 J .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Appellant: Shri Ravi Tulsiyan, FCAFor Respondent: None
Section 143(3)Section 80

…a developer of an infrastructural facility but not a mere works contractor. At this stage it is relevant to refer to a decision of the Bombay High court and a coordinate Bench of Cuttack Tribunal. In Commissioner of Income-tax v. ABG Heavy Industries Limited [322 ITR 323] the Bombay High Court held that Plainly, right from 1996 CBDT was seized with the question, as to whether infrastructure facilities developed under a BOLT project would qualify for exemption under s. 80-IA of the Act. The first circular in that regard that was issued on 3rd Jan., 1996 specifically dealt with whether s. 80-IA(4A) of the Act would…

ITO, WD-33(4), Kolkata vs. M/S Somdatt Builders Simplex Jv, Kolkata

In the result, Revenue’s appeals are dismissed

ITA 285/KOL/2014[2008-09]Status: DisposedITAT Kolkata07 Oct 2016AY 2008-09

Bench: Shri Waseem Ahmed, Am & Shri K. Narasimha Chary, Jm आयकर अपील सं./Ita Nos.285, 286, 287 & 288/Kol/2014 ("नधा"रण वष" / Assessment Years :2008-09, 2009-10, 2010-11 & 2007-08) Income Tax Officer, Vs. M/S Somdatt Builders Ward-33(4), Kolkata, 10-B, Simplex Jv, 12/1, Neelie Middleton Row, 3Rd Floor, Sengupta Sarani, Kolkata- Kolkata-700071 87 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabas 9777 J .. (अपीलाथ" /Appellant) (""यथ" / Respondent)

For Appellant: Shri Ravi Tulsiyan, FCAFor Respondent: None
Section 143(3)Section 80

…a developer of an infrastructural facility but not a mere works contractor. At this stage it is relevant to refer to a decision of the Bombay High court and a coordinate Bench of Cuttack Tribunal. In Commissioner of Income-tax v. ABG Heavy Industries Limited [322 ITR 323] the Bombay High Court held that Plainly, right from 1996 CBDT was seized with the question, as to whether infrastructure facilities developed under a BOLT project would qualify for exemption under s. 80-IA of the Act. The first circular in that regard that was issued on 3rd Jan., 1996 specifically dealt with whether s. 80-IA(4A) of the Act would…

ITO WD 3(1), Thane vs. Ncc SMC Indu Jv, Thane

In the result, appeal of the Revenue is dismissed

ITA 7227/MUM/2014[2010-11]Status: DisposedITAT Mumbai31 Aug 2016AY 2010-11

Bench: Shri D. Karunakara Rao & Shri Amit Shuklaito, Ward 3(1), फनाभ/ M/S. Ncc Smc Indu Jv, R.No.3, 6Th Floor, Asher It 101, Akruti Smc, Lbs Marg, Vs. Park, Road No.16A, Wagale Indl Khopat, Thane -400601. Estate, Thane (W). स्थामी रेखा सं./ Pan : Aagfn7582H (अऩीराथी /Appellant) .. (प्रत्मथी / Respondent) अऩीराथी की ओय से / Appellant By : Smt. Vinita Menon, Dr प्रत्मथी की ओय से/ Respondent By : Shri Neelkanth Khandelwal

For Appellant: Smt. Vinita Menon, DRFor Respondent: Shri Neelkanth Khandelwal
Section 143(3)Section 80I

…ention and carefully gone through the orders of the authorities below as well as the order of the Tribunal in the case of group concerns of the assessee placed on record, as well as the order of Hon‟ble Bombay High Court in the case of ABG Heavy Indusries Ltd 189 Taxmann 54. We found that the CIT (A) has dealt with each and every objection / observation of the AO and after recording due finding reached to the conclusion that the assessee was engaged in the infrastructure project and not merely acting as a contractor. The detailed findings recorded by the CIT (A) at para 4 as reproduced above, have not been contro…

D.C.I.T CC - Xxviii, Kolkata vs. M/S Spml Infra Ltd (Erstwhile M/S Subhas Projects& Marketing Ltd), Kolkata

In the result, Revenue’s appeal is dismissed

ITA 1291/KOL/2013[2006-07]Status: DisposedITAT Kolkata24 Aug 2016AY 2006-07

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 143(3)Section 194CSection 80Section 80l

…s available to a developer, i.e. if, an assessee, merely develops the infrastructure facility without operating and maintaining the same, it is entitled to deduction. The Bombay High court in case of Commissioner of Income-tax v. ABG Heavy Industries Limited [322 ITR 323] observed that "Parliament amended the provisions of section 80-lA of the Act so as to clarify that in order to avail of a deduction, the assessee could (i) develop ; or (ii) operate and maintain ; or (iii) develop, operate and maintain the facility. The condition as regards development, operation and maintenance of an infrastructure facility was…

Max Aerospace and Aviation Ltd, Mumbai vs. Jt CIT (OSD) 8(2), Mumbai

In the result, the assessee’s appeal is allowed

ITA 43/MUM/2014[2009-10]Status: DisposedITAT Mumbai24 Aug 2016AY 2009-10

Bench: Shri R. C. Sharma & Shri Sandeep Gosainआमकय अऩीर सं./I.T.A. No. 43/Mum/2014 (नििाारण वषा / Assessment Year: 2009-10) Max Aerospace & Aviation Ltd. Jt. Cit(Osd)-8(2), बिाम/ Malkani Chambers, Off. Nehru Road, Aayakar Bhavan, M. K. Road, Vs. Vile Parle (E), Mumbai-400 099 Mumbai-400 020 स्थामी रेखा सं./जीआइआय सं ./Pan/Gir No. Aabcm 9671 M (अऩीराथी /Appellant) (प्रत्मथी / Respondent) :

For Appellant: Shri Vijay MehtaFor Respondent: Shri Neil Philip
Section 143(3)Section 80Section 80I

…rgo terminal for handling of cargo constitutes an integral part of the airport and deduction is admissible on such income u/s 80IA(4) of the Act 6.3 Reliance was also placed on the decision of the Hon'ble Bombay High Court in the case of ABG Heavy Industries (322 ITR 323). In the said case, the assessee was providing service of supply, installation, testing, commissioning and maintenance of cranes and it claimed deduction u/s.80IA(4) of the Act on the income received from operation and maintenance of crane at port. It was held that assessee had developed cranes for providing loading and unloading service at the p…

Niraj Cement Structurals Ltd, Mumbai vs. DCIT Cen RG 36, Mumbai

In the result, the appeal of the assessee allowed

ITA 3209/MUM/2012[2008-09]Status: DisposedITAT Mumbai12 Aug 2016AY 2008-09

Bench: Sri Mahavir Singh, Jm & Sri Rajesh Kumar, Am Niraj Cement Structurals Ltd., Vs. The Dy. Commissioner Of Niraj House, Opp. Deonar Bus Income Tax, Central Circle, Depot, Deonar, Mumbai 400 088 Range -36, Room No.11, Ground Floor, Aayakar Bhavan, M. K. Road, Mumbai 400 020 Pan: Aabcn 1596J .. Appellant Respondent Appellant By .. Shri Y. P. Trivedi Ms. Usha Dalal, Ars Respondent By .. Shri N. P. Singh, Cit Dr Date Of Hearing .. 01-06-16 Date Of Pronouncement 12-08-16

Section 143(3)Section 271Section 80

…u/s 80-IA (4) of the Act has been rejected by the AO relying on the amendment brought out by the Finance Act, 2007 with effect from assessment year 2000-01. He referred to the decision of the Hon’ble Bombay High Court in the case of ABVG Heavy Industries Ltd. 322 ITR 323 wherein on exactly identical facts, the claim of deduction u/s 80-IA (4) of the Act was allowed. According to the learned Counsel for the assessee, in view of the above judgment of the Hon’ble Bombay High Court this issue is highly debatable and even the wrong claim made by the assessee would not attract penalty u/s 271 (1) (c) of the Act. The le…

M/S Parnika Commercial & Estates (P) Ltd., New Delhi vs. Addl. CIT, New Delhi

In the result, the appeal is allowed for statistical purposes

ITA 5724/DEL/2010[2007-08]Status: DisposedITAT Delhi22 Jul 2016AY 2007-08

Bench: : Shri C.M. Garg & Shri L.P. Sahu

For Appellant: Sh. Kapil Goel, AdvocateFor Respondent: Sh. Ashish Chandra Mohanty, Sr. DR
Section 250(6)Section 80Section 80I

…2 (SC) (v). ACIT vs. RR Constructions (ITA No. 2061/Mds/10 (Chennai Bench) (vi). Om Metal Infraprojects Ltd. vs. CIT, 26 DTR (Jp)Trib) 359 (vii) M/s. Maytas-NCC(JV) v. ACIT (ITA No. 1875/Hyd/11 (Hyd. Tribunal) (viii). CIT vs. ABG Heavy Industries Ltd. & Ors., 322 ITR 323 (Bom. HC) (ix). Patel Engineering Ltd. vs. DCIT, 84 TTJ (Mum) 646(Mum. Tribunal) (x). M/s. Bongaigaon Refinery and Petrochemical Limited (Civil appeal No. 1679 of 2004) (SC) (xi). M/s. Pratibha Industries Ltd. (ITA Nos. 2197 to 2199/Mum/2008) (xii). M/s. GVPR Engineers Ltd. (ITA No. 347/Hyd/2008. 6. The ld. DR, on the other hand, relied on the or…

M/S. Knr- Patel (Jv), Mumbai vs. The ACIT Cir 24(1)

Accordingly, ground no.1 is allowed in favour of the assessee

ITA 7156/MUM/2008[2005-2006]Status: DisposedITAT Mumbai28 Jun 2016AY 2005-2006

Bench: S/Sh. Rajendra & Pawan Singhआयकर अपील अपील संसंसंसं./I.T.A./7155/Mum/2008, िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2005-06 आयकर आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" M/S. Patel Knr, Jv Acit, Circle-24(1) Pratyakshakar Bhavan, Patel Estate Road, Jogeshwari(W) Bandra Kurla Complex, Bandra (E) Mumbai-400 072. Vs. Mumbai-400 051. Pan:Aaaap 1494 N

For Appellant: Shri Mayur Kishnadwala-ARFor Respondent: Shri Vijay Kumar Soni-DR
Section 143(3)Section 254(1)Section 255(4)Section 8Section 80I

…both the denial of deduction u/s.80IA(4) of the Act and restriction of TDs credit is not proper. Before the CIT(A), assessee relied on various decisions i.e., the judgment of the Jurisdictional High Court in the case of ABG Heavy Industries Ltd. W reported in 322 ITR 323 (BOM); order of the ITAT, Hyderabad "Bench in the case of GVPR Engineers Ltd vs. ACIT [21 Taxmann.com 246] (Mum); Laxmi Civil Engg. P. Ltd vs. Addl. CIT (ITA No.766/PN/09, 254/PN/08, 431/PN/07). It was demonstrated before the CIT(A) that the Larger Bench decision in the case of B.T. Patil & Sons Belgaum Constructions (P) Ltd (supra), is not good…

Patel Knr Jv, Mumbai vs. ACIT Cir 24(1), Mumbai

Accordingly, ground no.1 is allowed in favour of the assessee

ITA 7155/MUM/2008[2005-2006]Status: DisposedITAT Mumbai28 Jun 2016AY 2005-2006

Bench: S/Sh. Rajendra & Pawan Singhआयकर अपील अपील संसंसंसं./I.T.A./7155/Mum/2008, िनधा"रण िनधा"रण वष" वष" /Assessment Year: 2005-06 आयकर आयकर आयकर अपील अपील िनधा"रण िनधा"रण वष" वष" M/S. Patel Knr, Jv Acit, Circle-24(1) Pratyakshakar Bhavan, Patel Estate Road, Jogeshwari(W) Bandra Kurla Complex, Bandra (E) Mumbai-400 072. Vs. Mumbai-400 051. Pan:Aaaap 1494 N

For Appellant: Shri Mayur Kishnadwala-ARFor Respondent: Shri Vijay Kumar Soni-DR
Section 143(3)Section 254(1)Section 255(4)Section 8Section 80I

…both the denial of deduction u/s.80IA(4) of the Act and restriction of TDs credit is not proper. Before the CIT(A), assessee relied on various decisions i.e., the judgment of the Jurisdictional High Court in the case of ABG Heavy Industries Ltd. W reported in 322 ITR 323 (BOM); order of the ITAT, Hyderabad "Bench in the case of GVPR Engineers Ltd vs. ACIT [21 Taxmann.com 246] (Mum); Laxmi Civil Engg. P. Ltd vs. Addl. CIT (ITA No.766/PN/09, 254/PN/08, 431/PN/07). It was demonstrated before the CIT(A) that the Larger Bench decision in the case of B.T. Patil & Sons Belgaum Constructions (P) Ltd (supra), is not good…