2010 (11) TMI 1129

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.... D. Karunakara Rao AM This is an appeal filed by the assessee against the order of the CIT(A)-I, Pune dated 04-05-2009. The only ground raised as under:- "1. The Commissioner of Income Tax Appeals-I, (Pune) has erred in disallowing the deduction u/s. 80-IA(4) for A.Y 2006-07 Rs. 99,34,780/-." 2. At the very outset Ld. Counsel for the assessee fairly agreed that the issue in question....

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....sue certificate that the said structures form a part of the Port and that such structures are built on BOT or BOLT Scheme and there is an agreement that the same should be transferred to the said authority on the expiry of the time stipulated in the agreement. The C.B.D.T being the competent authority for the purpose of delegation of legislation as law making power of C.B.D.T is understood, the am....

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....the development and construction and therefore, for claim of deduction u/s. 80IA(4), there may be development of infrastructure without its construction. It was rightly found misplaced to the facts in the case of the assessee. As per the provisions of Sub Section (1) to Section 80 IA, where gross total income of assessee include any profit and gain derived by an undertaking or an enterprise from a....

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....ed in Explanation to Section 80 IA(4). So, there cannot be any development of any road without its construction. Adding additional facility cannot be said that an infrastructural facility in the nature of road as defined in Explanation to Section 80IA(4). 5. In view of the above, we hold that the assessee did not develop any infrastructural facility in the nature of road as defined in Exp....