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Infrastructure facility: energy-efficient public lighting held integral to road projects, qualifying the operator as a developer and eligible for deduction.
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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.
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