Ownership Not Required for 80-IA Claim as Developer Status Depends on Role and Risk Undertaken

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 activities relating t...