TaxTMI 
TaxTMI 
2014 (8) TMI 1169
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....ent against the order dated 15.02.2013, passed by the Income Tax Appellate Tribunal, Agra in I.T.A. No.145/Agra/2012 for the assessment year 2005-06. 2. On 17.12.2013, the appeal was admitted by a Co-ordinate Bench on the following substantial questions of law:- "(1) Whether the ITAT has erred in law and facts in ignoring the provisions of section 251 of the I.T. Act, 1961 which defines the pow....
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.... 3. The brief facts of the case are that the assessee is carrying on business of infrastructure development, highways on contract basis. For the assessment year under consideration, the return was filed on 31.10.2005, which was selected for scrutiny. The A.O. passed an order under Section-143(3) and allowed the deduction under Section-80IA(4) of the Act. The A.O. has disallowed some other claim ma....
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....ed in two projects for highway construction. The assessee has delegated the work to the sub-contractors and has not completed the project himself. He further submits that the projects were not owned by the assessee, therefore, condition specified in Section-80IA was not fulfilled. He also submits that with respect to the Panipat-Jalandhar Project, the assessee was only doing the routine maintenanc....
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....e was placed on the ratio laid down in the case of CIT v. ABG Heavy Industries Ltd. [2010] 322 ITR 323/189 Taxman 54 (Bom.). 7. We heard both the parties at length and gone through the materials available on record. 8. The question no. 1 is not emerging from the impugned order. In remaining questions, the substantial issue is regarding the dis-allowance under Section- 80IA as the dis-allowance w....