2019 (5) TMI 1205

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.... dated 26.2.2010, whereby the learned Tribunal allowed the Appeal for the Assessment Year 2005-2006 and held that the Assessee is entitled to the benefit of deduction under Section 80IA of the Act:- " i) Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in allowing the deduction under Section 80IA of the Act, even though the assessee does not satisfy the proviso to Sub-Section 4 of Section 80IA of the Act? ii) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in law in allowing the deduction under Section 80IA of the Act, without considering the explanation 13 to Section 80IA introduced by the Finance Act 2007 with retrospective ....

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....be entitled to the said benefit, as if the transfer in question had not taken place. It has been found by the Assessing Authority himself, in the present case, that the present Assessee Mis. Chettinad Lignite Transport Services Private Limited under an Agreement dated 16.04.2002, captioned as Lignite Transport System with Mls.ST-CMS Electric Company Private Limited, had undertaken the work of developing the said railway sidings and was operating and maintaining the same. The only ground on which, the Assessing Authority denied the said benefit was that the Assessee himself did not enter into any such contract with the Railways or with the Central Government. 9. The learned Tribunal, however, in our opinion, rightly applied the Prov....

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....e company, which was engaged_in power generation, for deduction under Section 80IA of the Act was denied by the Revenue on the ground that the Assessee Undertaking had not been set up for generation and distribution of power and that the Assessee was only a contractor for the maintenance work of power plant, which was owned by Samalpatti Power Corporation Private Limited (SPCL). On these facts, the Court held that the Assessee was not entitled to deduction under Section 80IA of the Act. We do not find any parity of facts of the said case with the facts available before us. The power generating companies are entitled to deduction under Section 80IA of the Act in different sub clauses viz., under Section 80IA(4)(iv) of the Act. Where there is....