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The Dy. Cit, Patan Circle,, Patan vs Ajay Engineering Infrastructure Pvt. ... on 19 April, 2024 cites

Sugam Construction Pvt.Ltd.,, ... vs The Income Tax Officer, Ward-8(2),, ... on 17 September, 2019

maintains and operates that infrastructure facility inasmuch as subsequent amendment to section 80-IA(4) has made it clear that three conditions of development, operation and maintenance were not intended to be cumulative in nature -- Assessee was awarded a contract for leasing of container handling cranes at Jawaharlal Nehru Port Trust ('JNPT') in terms of policy of Government of India to encourage private sector participation in development of infrastructure Under contract, assessee was responsible for supplying, installation, testing, commissioning and maintenance of cranes - Contract envisaged two different options, first being one under which assessee would carry out operation and maintenance of equipment, while second consisted of an option to JNPT to carry out operations and only maintenance was to be carried out by assessee- Assessee assumed responsibility of making equipment available for operation for a minimum number of days as stipulated in contract and would become liable to pay liquidated damages for non-availability of equipment after commissioning. After expiry of lease period of ten years, assessee was liable to hand over equipment to JNPT free of cost - On facts, held that it could be said that assessee had carried on business of developing, maintaining and operating an infrastructural facility so as to entitle it to a deduction under section 80-IA' The court has agreed that an assessee did not have to develop the entire port in order to qualify for a deduction under section 80-IA. Parliament did not legislate a condition impossible of compliance. A part of a port was also held to qualify for the deduction. The decision was followed by the Pune ITAT in the case of the case of B.T. Patil & Sons Belgaum Constructions Pvt Ltd (supra) cited by the appellant.
Income Tax Appellate Tribunal - Ahmedabad Cites 7 - Cited by 9 - Full Document
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