Prathima Infrastructure ... vs Acit., Central Circle - 2(4), Hyderabad on 27 November, 2024
19. Coming back to the case laws relied upon by the ld.DR in
the case of DCIT Vs. M/s.HES Infra Private Limited (supra).
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The Acit, Circle-2(1)(1),, Ahmedabad vs Megha Futures Pvt. Ltd.,, Ahmedabad on 19 April, 2023
Acit., Circle-8(1), Hyderabad vs Ncc Hes Jv, Hyderabad on 11 February, 2025
Ltd
(supra) and the decision of ITAT in the case of ACIT Vs. Megha
Engineering and Infrastructure Ltd., (supra), we are of the considered
view that the appellant is entitled for deduction u/s 80IA(4) of the Act,
towards profits derived from development of infrastructure facility. The
LD.CIT(A) without appreciating the relevant facts, simply sustained the
addition made by the Assessing Officer towards disallowance of
deduction claimed under Section 80IA(4) of the Act. Thus, we set aside
the order passed by the LD.CIT(A) and direct the AO to delete the addition
made towards disallowance of deduction claimed under Section 80IA(4)
of the Act."
Sabir , Sew & Prasad Jv,Hyderabad vs Dy. Commissioner Of Income Tax , ... on 24 February, 2025
Ltd (supra) and the decision of ITAT in the
case of ACIT Vs. Megha Engineering and Infrastructure Ltd.,
(supra), we are of the considered view that the appellant is entitled
for deduction u/s 80IA(4) of the Act, towards profits derived from
development of infrastructure facility. The LD.CIT(A) without
appreciating the relevant facts, simply sustained the addition
made by the Assessing Officer towards disallowance of deduction
claimed under Section 80IA(4) of the Act. Thus, we set aside the
order passed by the LD.CIT(A) and direct the AO to delete the
addition made towards disallowance of deduction claimed under
Section 80IA(4) of the Act."
Dy. Commissioner Of Income Tax , ... vs Sew Infrastructure Limited , Hyderabad on 26 February, 2025
In so far as deduction claimed u/sec.80IA(4) of
the Act, on the profits derived from development of
infrastructure projects where the assessee is not directly
entered into agreement with Central/State Governments,
Local Authority or Statutory Body etc., but entered into
agreement as a constituent J V Consortium, we find that
59
ITA.Nos.1721, 1722 & 1723/Hyd./2017
And ITA.No.1416/Hyd./2019
this issue is squarely covered in favour of the assessee by
the decision of ITAT, Hyderabad Bench in the case of ACIT
vs. Megha Engineering and Infrastructure Limited vide
ITA.No.1499/ Hyd./2019 vide order dated 15.02.2019,
where under identical set of facts and also on identical
projects on which the assessee has claimed deduction
u/sec.80IA(4) of the Act, as a constituent of JV/Consortium
Member, the Tribunal after considering relevant facts and
various judicial precedents allowed the deduction claimed
by the assessee towards profits derived from "eligible
projects" u/sec.80IA(4) of the Act. The relevant findings of
the Tribunal are as under :
Dy.Commissioner Of Income Tax, Central ... vs Sew Infrastructure Limited , Hyderabad on 26 February, 2025
In so far as deduction claimed u/sec.80IA(4) of
the Act, on the profits derived from development of
infrastructure projects where the assessee is not directly
entered into agreement with Central/State Governments,
Local Authority or Statutory Body etc., but entered into
agreement as a constituent J V Consortium, we find that
59
ITA.Nos.1721, 1722 & 1723/Hyd./2017
And ITA.No.1416/Hyd./2019
this issue is squarely covered in favour of the assessee by
the decision of ITAT, Hyderabad Bench in the case of ACIT
vs. Megha Engineering and Infrastructure Limited vide
ITA.No.1499/ Hyd./2019 vide order dated 15.02.2019,
where under identical set of facts and also on identical
projects on which the assessee has claimed deduction
u/sec.80IA(4) of the Act, as a constituent of JV/Consortium
Member, the Tribunal after considering relevant facts and
various judicial precedents allowed the deduction claimed
by the assessee towards profits derived from "eligible
projects" u/sec.80IA(4) of the Act. The relevant findings of
the Tribunal are as under :
Dy.Commissioner Of Income Tax, Circle ... vs Sew Infrastucture Limited, Hyderabad on 26 February, 2025
In so far as deduction claimed u/sec.80IA(4) of
the Act, on the profits derived from development of
infrastructure projects where the assessee is not directly
entered into agreement with Central/State Governments,
Local Authority or Statutory Body etc., but entered into
agreement as a constituent J V Consortium, we find that
59
ITA.Nos.1721, 1722 & 1723/Hyd./2017
And ITA.No.1416/Hyd./2019
this issue is squarely covered in favour of the assessee by
the decision of ITAT, Hyderabad Bench in the case of ACIT
vs. Megha Engineering and Infrastructure Limited vide
ITA.No.1499/ Hyd./2019 vide order dated 15.02.2019,
where under identical set of facts and also on identical
projects on which the assessee has claimed deduction
u/sec.80IA(4) of the Act, as a constituent of JV/Consortium
Member, the Tribunal after considering relevant facts and
various judicial precedents allowed the deduction claimed
by the assessee towards profits derived from "eligible
projects" u/sec.80IA(4) of the Act. The relevant findings of
the Tribunal are as under :
Dy.Commissioner Of Income Tax, Central ... vs Sew Infrastructure Limited, Hyderabad on 26 February, 2025
In so far as deduction claimed u/sec.80IA(4) of
the Act, on the profits derived from development of
infrastructure projects where the assessee is not directly
entered into agreement with Central/State Governments,
Local Authority or Statutory Body etc., but entered into
agreement as a constituent J V Consortium, we find that
59
ITA.Nos.1721, 1722 & 1723/Hyd./2017
And ITA.No.1416/Hyd./2019
this issue is squarely covered in favour of the assessee by
the decision of ITAT, Hyderabad Bench in the case of ACIT
vs. Megha Engineering and Infrastructure Limited vide
ITA.No.1499/ Hyd./2019 vide order dated 15.02.2019,
where under identical set of facts and also on identical
projects on which the assessee has claimed deduction
u/sec.80IA(4) of the Act, as a constituent of JV/Consortium
Member, the Tribunal after considering relevant facts and
various judicial precedents allowed the deduction claimed
by the assessee towards profits derived from "eligible
projects" u/sec.80IA(4) of the Act. The relevant findings of
the Tribunal are as under :
1