B.Dhanasekaran, Chennai vs Department Of Income Tax on 6 November, 2015
Infrastructure Ltd vs. DCIT, in ITA No.472/Hyd/2009 & others the
Hyderabad bench of the Tribunal vide order dated 17.07.2013
observed in his order in para 14 following the earlier order of the
Tribunal in the case of NCC-ECCI(JV) vs. ITO in ITA Nos. 124 &
125/Hyd/2009 vide order dated 17.06.2013 inter alia that word 'owned'
in sub-clause (a) on clause (1) of sub-section (4) of section 80IA of the
Act referred to the enterprise. In other words, the enterprises carrying
on development of the infrastructure facilities should be owned by a
company or consortium of companies. The infrastructure facilities
need not be owned by a company. It was held that the word
'ownership' is attributable only to the enterprise carrying on the
business which would mean that only companies are eligible for
deduction under section 80IA(4) and not any other person like new
HUF Firm etc. Hence, we hold that the assessee fails to satisfy the
applicability clause of the provision as envisaged under section
80IA(4)(i) of the "Act".