TaxTMI 
TaxTMI 
2017 (7) TMI 956
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....essment year 2009-10. 3. It was admitted on the following substantial questions of law:- " (i) Whether the Income Tax appellate Tribunal was justified in allowing the deduction u/s 80IA to the assessee on the basis of return filed after the issue of notice u/s 153A of the Act. " (ii) Whether the Income Tax Appellate Tribunal was justified under the facts and circumstances of the case in confirming the order of CIT (A) who has travelled beyond the statutory provision of Chapter VIA, u/s 80 A (5) of the Income Tax Act, 1961 which clearly provides that if assessee fails to make a claim in his return of income of any deduction; no deduction shall be allowed to him thereunder". 4. Tribunal has justified deduction under Section 80IA on the ba....
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....ed. 7. For our satisfaction we have also gone into this aspect and find that CIT(A) has discussed this issue in great length and findings of CIT (A) commenced from page-72 of paper book. The ultimate conclusion on page-78 and 79, reads as under:- " This circular has been issued after the Finance Act, 2009 and has clarified that the widening of an existing road in an infrastructure facility by an enterprise entitles the enterprise for deduction u/s 80IA (4)(i). It is a settled position in Law that the CBDT circulars are binding on the Assessing Officer reference is invited to the case of [Azadi Bacchao Andolan (Supreme Court)] as CBDT circulars are contemparanea expositio. This deduction U/S 80IA (4)(i) is available to any company which ....
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....pies of agreement as well as in the payment advices, where in no amount was deducted by the agencies on account of material. The maintenance of the existing facility during the period of development also was of the appellant company and so also was the risk during the period to maintain the infrastructure and after the completion of development of road and its handing over to the Government, the risk period of the appellant company was of 12 months for maintenance of the road. Further the appellant company has not subcontracted his work. In the case Statutory Report in form 10CCB under Rule 18 BBB as prescribed by the CBDT was also filed along with the return. Wherein the Auditors have duly certified that the assessee was a developer of roa....