2018 (6) TMI 1577

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.... MR.JUSTICE M.R. SHAH) 1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the learned Income Tax Appellate Tribunal, Ahmedabad 'B' Bench, Ahmedabad in ITA No.3120/Ahd/2015 for Assessment Years 2012-13, the Revenue has preferred the present appeal with the following proposed question of law:- "Whether on the facts and circumstances, the Appellate Tribun....

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....by the Income Tax Appellate Tribunal deleting disallowance and deduction made by the Assessing Officer under Section 80IA(4) of the Act. While dismissing the appeals, the Division Bench has observed in para-13 as under:- "13. The above statutory provisions and the relevant facts arising in the present case and noted above would leave little doubt in one's mind that GSRDC was a nodal a....

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....overnment. We are conscious that condition(b) of subsection (4) of section 80IA requires the assessee to have entered into agreement with the Central Government or a State Government or a local authority or any other statutory authority. However, rigid interpretation of this provision as canvassed by the Revenue would only result into the assessees involved in genuine infrastructure development pr....