Charitable trust registration requires a specified-violation notice; settled cash deposits and related-party payments did not justify cancellation or ...
External development charges trigger TDS under section 194C, while disputed administrative payments require factual verification and fresh adjudicatio...
Section 270AA penalty immunity requires identified statutory defaults and a hearing before rejection; reassessment disclosure may constitute under-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 4826 
Join Channel 
