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Contractors Performing Work in Nature of Developer-cum-Contractor Eligible to Claim Deduction u/s 80-IA
Case Law Details
- Case Name
- Patel Infrastructure Pvt. Ltd. Vs DCIT (ITAT Rajkot)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2010-2011
- Courts
- All ITAT, ITAT Rajkot
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Patel Infrastructure Pvt. Ltd. Vs DCIT (ITAT Rajkot)
The issue under consideration is whether contractors performing the work in the nature of a developer-cum-contractor are eligible to claim deduction u/s 80-IA(4) of the Income Tax Act, 1961?
ITAT states that even after the amendment by the Finance Act, 2007 and the Finance Act, 2009, the contractors performing the work in the nature of a developer-cum-contractor and assuming risks and responsibilities shall be eligible for deduction under section 80-IA in respect of the eligible infrastructural facilities. Hence the appeal of the assessee is...
Government should come out with proper clarification to avoid doubt. This judgement can be quoted in many EPC projects, where it will be very difficult to differentiate.