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Ownership Not Required for 80-IA Claim as Developer Status Depends on Role and Risk Undertaken
Case Law Details
- Case Name
- CIT Vs Patel Engg. Ltd. (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2000-01
- Courts
- All High Courts, Bombay High Court
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CIT Vs Patel Engg. Ltd. (Bombay High Court)
The appeals before the Bombay High Court arose from orders of the Income Tax Appellate Tribunal (ITAT) allowing deduction under Section 80-IA(4) of the Income Tax Act, 1961 to the assessee for Assessment Years 2000–01 and 2001–02. The central issue was whether the assessee qualified as a “developer” of infrastructure facilities and was thus eligible for deduction, or whether it was merely a contractor executing works, as contended by the Revenue.
The assessee, engaged in civil engineering projects, undertook construction acti...
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