2018 (11) TMI 473

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....of transfer and organizational changes in the finance department of the assessee, files have been dislocated and misplaced. It went out of focus of the concern officer, and therefore, appeal could not be filed well in time. Taking into consideration explanation of the assessee, we find that assessee has been prevented by reasonable cause for not filing the appeal in time. Therefore, we condone the delay and proceed to dispose of the appeal on merit. 3. Though the assessee has taken three grounds of appeal, but its grievances revolves around a single issue vide which it has challenged disallowance of claim amounting to Rs. 1,97,04,712/- under section 80IA(4) of the Income Tax Act, 1961. 4. The ld.DR at the outset submitted that identical i....

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....is decided against the assessee by the Hon'ble Jurisdictional High Court rendered in the case of Katira Construction vs. Union of India reported at (2013) 352 ITR 513 (Guj.). 12. We have heard the rival submissions, perused the material available on record and gone through the orders of the authorities below. We find that the ld.CIT(A) has given a finding on fact, which reads as under:- "5.1. I have considered the facts of the case, the submissions, the assessment order, the amendment in the law and the decisions of the courts. The following pertinent observations are made after considering these:- There is no doubt that the appellant works as a nodal agency for implementation of various works undertaken/decided by the governme....

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....cted by the actual cost and efficiency of work, the assets created and the source not being of the appellant at any stage and it being entitled to a fixed remuneration for its professional services; it clearly is falling in the excluded category as per the amended Explanation below section 80IA(13); and therefore, not eligible for deduction. The decision of the Hon'ble Mumbai High Court in the case of CIT vs. ABG Heavy Industries Ltd. 322 ITR 323 is not on the issue of whether the activity of the concern is of the nature of a works contact. The decision of honorable Supreme Court in the case of Gujarat Industrial Development Corporation 227 ITR 414 is also not applicable as in that case the question was not whether the appellant was ....