IN THE INCOME TAX APPELLATE TRIBUNAL
PUNE BENCH “A” PUNE
ITA Nos. 766/PN/09, 254/PN/08, 431/PN/07 & 435/PN/07 (A. Y. 2006-07, 2005-06, 2003-04, 2004-05)
Laxmi Civil Engg. .P. Ltd. Vs Addl/ CIT Range-2 Kolhapur
ORDER
Per D. Karunakara Rao, AM:
There are four appeals under consideration and the issue for adjudication is one and the same. At the very outset, the learned counsel for the assessee mentioned that the issue under consideration has to be decided in accordance with the modified ground raised by the assessee. The said modified ground which is common in all appeals read as under:-
“1) On the facts and in the circumstance of the case and in law the Ld. Authorities below were not justified in rejecting the claim of deduction of the appellant Company u/s 80-IA holding that the appellant was a contractor and also holding that all the three conditions embodied in S.80-IA(4)(i) were required to be simultaneously fulfilled when Hon ’ble Bombay High Court in its subsequent judgment pronounced on 15.02.2010 in the case of ABC Heavy Engg. Ltd. (Supra) held that the amended provisions effective from 01.04.2002 the parliament did not intend that such conditions should be simultaneously fulfilled. It is also held that the third condition also was required to be harmoniously construed. Since the Ld. C.I.T. (A) held that the appellate company has fulfilled first two condition and failed to fulfill the third condition for denial of deduction u/s 80-IA of the Act, it was not according to jurisdictional High Court Judgment (supra) and therefore, deduction be allowed to the appellant company”
