2014 (8) TMI 1169

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.... : Rahul Agarwal ORDER 1. The present appeal is filed by the department 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....

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....t. to assessment order for A.Y. 2006-07 by virtue of powers defined in Section 251 of the I.A.Tax Act." 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(....

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....the C.I.T.(A.). He further submits that during the assessment year under consideration, the assessee was engaged 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 ....

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....terprises or society who developed and maintained the infrastructure, is entitled for the deduction. The reliance 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 ....