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| The Tax Publishers2020 TaxPub(DT) 0254 (Pune-Trib) INCOME TAX ACT, 1961
section 80-IA(4)
Section 80-IA(4) exhaustively defines infrastructural facility in its clause (a) as road including toll road, bridge or a rail system. Assessee had constructed two foot over bridges and road signals. Most of the income of assessee was on account of putting road signals. It did not fit into development of infrastructural facilities as defined in explanation to section 80-IA(4). So, there could not be any development of any road without its construction. Adding additional facility could not be treated as infrastructural facility in the nature of road as defined in explanation to section 80-IA(4).
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Deduction under section 80-IA(4) - Allowability - Profits derived from activity of construction of road signages and foot over bridges over roads carried on by assessee -
Assessee claimed deduction under section 80-IA(4) in respect of profits derived from activity of construction of road signages and foot over bridges over roads carried on by assessee.Held: Section 80-IA(4) exhaustively defines infrastructural facility in its clause (a) as road including toll road, bridge or a rail system. Assessee had constructed two foot over bridges and road signals. Most of the income of assessee was on account of putting road signals. It did not fit into development of infrastructural facilities as defined in explanation to section 80-IA(4). So, there could not be any development of any road without its construction. Adding additional facility could not be treated as infrastructural facility in the nature of road as defined in explanation to section 80-IA(4).
REFERRED :
FAVOUR : Against the assessee.
A.Y. : 2012-13
INCOME TAX ACT, 1961
Section 43B
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