https://www.taxtmi.com/caselaws?id=768344 ITAT Kolkata denied the appellant's claim for deduction under section 80IA, ruling that the appellant qualified as a "contractor" rather than a "developer" for Metro Railways and Flyover infrastructure projects. The tribunal held that since the assessee made no investment in the projects and bore no financial burden, it could not be treated as a developer, which is the primary condition for claiming the deduction. The agreements showed the appellant was contracted for design and completion work with periodic payments, performance guarantees, and TDS deductions, characteristic of a contractor arrangement rather than a developer undertaking entrepreneurial and investment risks. en-us Mon, 09 Sep 2024 00:00:00 +0530 Sat, 05 Apr 2025 08:23:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=768344 ITAT Kolkata denied the appellant's claim for deduction under section 80IA, ruling that the appellant qualified as a "contractor" rather than a "developer" for Metro Railways and Flyover infrastructure projects. The tribunal held that since the assessee made no investment in the projects and bore no financial burden, it could not be treated as a developer, which is the primary condition for claiming the deduction. The agreements showed the appellant was contracted for design and completion work with periodic payments, performance guarantees, and TDS deductions, characteristic of a contractor arrangement rather than a developer undertaking entrepreneurial and investment risks. Case-Laws Income Tax Mon, 09 Sep 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=768344