Development agreements require legal possession or effective enjoyment for capital gains transfer; permissive possession and deferred consideration de...
Prolonged sterilisation of development rights supports capital-gains treatment, while business-income disallowances cannot govern capital-gains comput...
Additional evidence in transfer pricing dispute leads to fresh examination, while tax deductions, TDS credit, fee and refund interest require verifica...
Category II AIF pass-through taxation preserves non-business income character; investment receipts cannot be reclassified without applying recognised ...
The assessee was held to be a "developer" and not merely a "works contractor" for the purposes of claiming deduction u/s 80-IA(4) of the Income Tax Act. The Tribunal allowed the assessee's claim for deduction u/s 80-IA(4) on the ground that the assessee had deployed its own funds, equipment, and had undertaken the risk and liability from the inception of the project till its transfer to the Airport Authority of India. The Tribunal concluded that a new infrastructure facility, in the form of a New Expandable Modular Integrated Terminal Building at Raja Bhoj Airport, Bhopal, had come into existence, similar to the case of NCC-MSKEL JV, where a new domestic arrival block at Sardar Vallabh Bhai Patel International Airport, Ahmedabad, was held to be a new infrastructure facility eligible for deduction u/s 80-IA(4).
The assessee was held to be a "developer" and not merely a "works contractor" for the purposes of claiming deduction u/s 80-IA(4) of the Income Tax Act. The Tribunal allowed the assessee's claim for deduction u/s 80-IA(4) on the ground that the assessee had deployed its own funds, equipment, and had undertaken the risk and liability from the inception of the project till its transfer to the Airport Authority of India. The Tribunal concluded that a new infrastructure facility, in the form of a New Expandable Modular Integrated Terminal Building at Raja Bhoj Airport, Bhopal, had come into existence, similar to the case of NCC-MSKEL JV, where a new domestic arrival block at Sardar Vallabh Bhai Patel International Airport, Ahmedabad, was held to be a new infrastructure facility eligible for deduction u/s 80-IA(4).
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