Trademark depreciation and section 14A adjustments: ITAT applies consistency, independent book-profit computation, and no disallowance without exempt ...
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The Income Tax Appellate Tribunal (ITAT) held that retention money should be included in contract receipts for computing deduction u/s 80-IA for profits from construction activities. Section 43CB, effective from April 1, 2017, clearly provides that for percentage completion method, project completion method or straight-line method, contract revenue shall include retention money. The retention money cannot have different characteristics than the principal contract amount, as both are part of revenue received for construction activities eligible for Section 80-IA deduction. The ITAT relied on Section 43CB and allowed the assessee's appeal, setting aside the CIT(A)'s order disallowing deduction on retention money to the extent of Rs. 11,36,37,740.
The Income Tax Appellate Tribunal (ITAT) held that retention money should be included in contract receipts for computing deduction u/s 80-IA for profits from construction activities. Section 43CB, effective from April 1, 2017, clearly provides that for percentage completion method, project completion method or straight-line method, contract revenue shall include retention money. The retention money cannot have different characteristics than the principal contract amount, as both are part of revenue received for construction activities eligible for Section 80-IA deduction. The ITAT relied on Section 43CB and allowed the assessee's appeal, setting aside the CIT(A)'s order disallowing deduction on retention money to the extent of Rs. 11,36,37,740.
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