TaxTMI 
TaxTMI 
2010 (2) TMI 1314
X X X X Extracts X X X X
X X X X Extracts X X X X
....al revenue has raised the following ground: "On the facts and circumstances of the case and in law, the Ld.CIT(A) was not justified in allowing deduction u/s.80IA of the I.T.Act, 1961m relying upon order of the ITAT Mumbai, in the case of M/s. Patel Engg Ltd. (2004) 84 TTJ(Mum) 646, inasmuch as the department has not accepted the referred order of the ITAT and preferred an appeal to High Court, ....
X X X X Extracts X X X X
X X X X Extracts X X X X
....engaged only as a contractor in the execution of water supply project. Therefore, assessee was not entitled to deduction u/s.80IA because the same was available only to the persons engaged in the development of infrastructure sector and accordingly, deduction u/s.80IA was denied. 5. Learned CIT(A) following the earlier years order and following the decision of the Larger Bench in the case of B.T.....
X X X X Extracts X X X X
X X X X Extracts X X X X
....net profit from business of 'infrastructure project' claimed to have been carried on by assessee during relevant years - Assessing Officer did not allow deduction as in his opinion assessee had not fulfilled conditions stipulated in sub-section(4) of section 80-IA inasmuch as infrastructure was not owned by assessee-company; there was no agreement between assessee-company and Central Government or....
X X X X Extracts X X X X
X X X X Extracts X X X X
....sioner (Appeals) upheld order Assessing Officer denying benefit of deduction to assessee under section 80-IA(4) - On second appeal, Judicial Member allowed assessee's claim whereas Accountant Member confirmed order passed by revenue authorities - In view of difference of opinion, matter was referred to a Larger Bench - It was noticed from records that sphere of work assigned to assessee was simply....