Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
Personal hearing requirements in GST adjudication were satisfied by prior opportunities and written submissions; appellate limitation received writ-pe...
ITAT rejected the assessee's claim for deduction under Section 80IA, determining that the appellant did not qualify as a "developer" or "contractor" for infrastructure projects. The tribunal found no evidence of investment in the projects, and the agreements did not impose financial obligations on the assessee. The court emphasized that being a developer requires undertaking entrepreneurial and investment risks, which the assessee failed to demonstrate. Despite being contracted for design and completion work, the assessee could not substantiate the primary conditions for claiming the deduction. Consequently, the tribunal ruled against the assessee's tax benefit claim.
ITAT rejected the assessee's claim for deduction under Section 80IA, determining that the appellant did not qualify as a "developer" or "contractor" for infrastructure projects. The tribunal found no evidence of investment in the projects, and the agreements did not impose financial obligations on the assessee. The court emphasized that being a developer requires undertaking entrepreneurial and investment risks, which the assessee failed to demonstrate. Despite being contracted for design and completion work, the assessee could not substantiate the primary conditions for claiming the deduction. Consequently, the tribunal ruled against the assessee's tax benefit claim.
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