Allocation of registration charges: contractual clause overriding statutory presumption allowed as deduction against capital gain after unrebutted doc...
Expenditure tied to investments yielding exempt income restricted to attributable costs; broader disallowance disallowed and adjustments to WDV and mi...
Admissibility of Investigative Statements invalidated reliance on coerced emails and valuation redetermination, resulting in set aside of penalties an...
Classification of printed technical documents: specific Chapter 49.01 entry prevails, enabling claimed customs exemptions for imported manuals and rep...
The ITAT applied a purposive and contextual construction of the...
Infrastructure facility: energy-efficient public lighting held integral to road projects, qualifying the operator as a developer and eligible for deduction.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
The ITAT applied a purposive and contextual construction of the undefined term "road" to hold that an energy-efficient public lighting project constituted an infrastructure facility under section 80IA(4)(i). Examining contracts, audited accounts and obligations, the tribunal found the assessee undertook design, finance, implementation, commissioning, operation and maintenance with performance guarantees and long-term revenue linkage, thereby assuming entrepreneurial and financial risk akin to a developer. Consequently the proviso excluding works contracts was inapplicable and the disallowance was deleted, allowing the deduction for the relevant assessment year.
The ITAT applied a purposive and contextual construction of the undefined term "road" to hold that an energy-efficient public lighting project constituted an infrastructure facility under section 80IA(4)(i). Examining contracts, audited accounts and obligations, the tribunal found the assessee undertook design, finance, implementation, commissioning, operation and maintenance with performance guarantees and long-term revenue linkage, thereby assuming entrepreneurial and financial risk akin to a developer. Consequently the proviso excluding works contracts was inapplicable and the disallowance was deleted, allowing the deduction for the relevant assessment year.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4807 
Join Channel 
