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| The Tax Publishers2018 TaxPub(DT) 8059 (Bang-Trib) INCOME TAX ACT, 1961
Section 80-IA(4)
What assessee was operating and maintaining an already existing four-lane road by strengthening it, therefore, no new infrastructure come into existence and as such assessee was not entitled to any relief under section 80-IA on this count.
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Deduction under section 80-IA - Allowability - Assessee having undertaken operating and maintaining of existing roads in terms of agreement with NHAI -
Assessee engaged in developing, operating and maintaining highway undertook maintenance of existing roads in terms of agreement with NHAI and claimed deduction under section 80-IA.Held: From a conjoint reading of section 80-IA(4)(b) and Explanation to section 80-IA , it is clear that if an assessee is (i) developing or (ii) operating and maintaining or (iii) developing, operating and maintaining any new infrastructure facility, etc., in that eventuality the assessee is entitled to benefit under section 80-IA. In the instant case, what assessee was operating and maintaining an already existing four-lane road by strengthening it. Therefore, no new infrastructure came into existence and as such assessee was not entitled to any relief under section 80-IA on this count.
REFERRED :
FAVOUR : Against the assessee
A.Y. : 2013-14 & 2014-15
INCOME TAX ACT, 1961
Section 80-IA
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