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D.C.I.T., Circle-12, Kolkata, Kolkata vs M/S Vantage Advertising Pvt. Ltd., ... on 3 January, 2018 cites

Dcit, Circle-12, Kolkata, Kolkata vs M/S. Selvel Advertising Pvt. Ltd., ... on 13 September, 2017

8.1. As regards the issue raised by the ld. DR that the income which is the subject matter of claim of deduction u/s 80IA of the Act was not derived from the business of advertising of bus shelters and foot over bridges, we find that this is altogether a new issue which is not even the case of AO. The AO has made the disallowance only on the ground that construction of bus shelter and foot over bridge cannot be treated as development of infrastructure facility. Hence they do not qualify for deduction u/s 80IA of the Act. This aspect of AO's disallowance has been duly over ruled by ld. CIT(A) as well as ITAT. The same also draws support from the Hon'ble Calcutta High Court decision in the case of DCIT vs Selvel Advertising P.Ltd. In these cases it has been held that development of foot over bridges and Bus shelters do qualify for deduction u/s 80IA of the Act on account of infrastructure development.
Income Tax Appellate Tribunal - Kolkata Cites 17 - Cited by 8 - Full Document

M/S Liberty India vs Commr.Of Income Tax,Karnal on 31 August, 2009

and may fall within the purview of "attributable to". Consequently an income, so as to be characterized as 'derived from' an undertaking, should directly result from it. To put it simply, it should be "generation of profits (operational profits)" [as held in Liberty India (supra)] of the eligible undertaking. If however the income has got some indirect or remote relation with the industrial undertaking but does not spring from it, the same cannot be held to be derived from it."
Supreme Court of India Cites 21 - Cited by 862 - S H Kapadia - Full Document
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