Religious purpose exclusion versus charitable purpose: non overriding religious objects do not attract Explanation 3, registration directed under sect...
Search-assessment proviso jurisdiction, time-barred valuation reports, and denial of cross-examination vitiate valuation-based and confession-based ad...
Proceeds of crime: provisional attachment confirmed; equivalent value attachment and acquisition date fair market value upheld, Covid exclusion preser...
Deduction for infrastructure development depends on the true nature of the contractual obligations, not on the fact that the work was awarded by government bodies. On the project documents, the assessee undertook design, engineering, procurement, construction, commissioning, and operation and maintenance, and also bore earnest money, security deposit, bank guarantee, mobilisation, cost overrun, liquidated damages, and defect rectification obligations. The Tribunal treated this as independent development of infrastructure facilities with financial, technical, and execution risks, not a mere works contract. The works contract exclusion was therefore held inapplicable and the deduction under section 80IA(4) was allowed.
Deduction for infrastructure development depends on the true nature of the contractual obligations, not on the fact that the work was awarded by government bodies. On the project documents, the assessee undertook design, engineering, procurement, construction, commissioning, and operation and maintenance, and also bore earnest money, security deposit, bank guarantee, mobilisation, cost overrun, liquidated damages, and defect rectification obligations. The Tribunal treated this as independent development of infrastructure facilities with financial, technical, and execution risks, not a mere works contract. The works contract exclusion was therefore held inapplicable and the deduction under section 80IA(4) was allowed.
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