2010 (4) TMI 1074

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....s preferred this appeal under Section 260A of Income Tax Act, 1961 against the order dated 30.9.2010 of the Income Tax Appellate Tribunal 'A' Bench, Kolkata for the assessment year 2004-05. The appellant proposed the following substantial questions of law;- i) "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in quashing the revision or....

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....at the automatic traffic signal and pedestrian foot bridge would constitute infrastructure facility as contemplated in clause (a) of the explanation to sub section (4) of Section 80-IA of the Income Tax Act, 1961, it is not necessary to answer question no. 1. Section 80-IA provides that where the gross total income of an assessee includes any profit and gains derived by an undertaking or an ent....

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....ion defines infrastructure facility as under;- "(a) road including toll road, a bridge or a rail system;" The Tribunal took the view that installation of automatic traffic signal and pedestrian footbridge would be an integral part of road including a bridge. We do not find any fault with the interpretation placed by the Tribunal on Clause (a) of explanation to sub-section (4) of Section 80-I....