construction pvt

Section 41(1) of Income Tax Act, 1961 applies only to trading liability not to other types of liabilities

Where the assessee received some amount as a liability, which was not claimed as deduction or expenses in any of the years, and the same was written off as compensation/ damages for relinquishment of right to sue in court of law, the provisions of section 41(1) or section 68 would not apply to the writing off that liability.
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Larger Bench rules tax holiday not available to a contractor/executor under the Income Tax Act

Taxpayers in the infrastructure sector are often engaged in the execution of construction activities, which form a minor portion of a contract for the development of an infrastructure facility. This ruling provides guidance on whether a contactor simplicitor would be entitled to tax holiday under the ITL, in respect of the construction activities carried out by it. This ruling makes it clear that tax holiday would be denied to a person who merely executes any works contr..
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Contractor not eligible for deduction u/s. 80-IA

The use of word developing' in juxtaposition to infrastructure facility in section 80-1A(4) indicates that what is eligible for deduction under this sub-section is the profits and gains derived from the development of infrastructure facility and not something de hors it; so in order to be eligible for deduction the development should be that of the infrastructure facility as a whole and not a particular part of it; it may be possible that some part of development work is..
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Mumbai Larger Bench rules tax holiday not available to a contractor/executor

This articles summarizes a recent ruling of the Larger Bench (LB) of the Mumbai Income Tax Appellate Tribunal (ITAT) [2009-TIOL-692-ITAT-MUM-LB] in the case of M/s B.T. Patil & Sons Belgaum Construction Pvt. Ltd.(Taxpayer) v. ACIT. Due to contradictory views expressed by the two-member bench of the ITAT, an LB was constituted to examine the issue of whether the Taxpayer, who is engaged in executing construction contracts for and on behalf of the Government/statutory bo..
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