2017 (12) TMI 1859

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....t") as invalid. 3. Brief facts of the case as observed by the AO are that the assessment was originally completed u/s. 143(3) of the Act. Thereafter, notice u/s. 148 of the Act dated 10.09.2010 was issued and duly served on the assessee. The assessee company vide its letter dated 13.10.2010 requested to treat its return filed u/s. 139 of the Act on 27.11.2006 as its return in compliance to notice u/s. 148 of the Act. Thereafter, notices u/s. 143(2) and 142(1) of the Act were issued to the assessee company. The AO further observed that assessee company engaged in the business of constructing roads, highways, bridges and railway tracks etc. on contract with various state governments, railways, BRTF etc. He also observed that as per the claus....

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....ailway tracks etc. on contract with various state governments, railways, BRTF etc. and as per the clause 8(a) of the Tax Audit Report filed by the assessee along with the return of income, the company was engaged in the business of "Civil Construction and manufacturing of Construction Materials." Therefore, according to AO, as per explanation below section 80IA(13) of the Act, which was inserted by Finance Act, 2009 wr.e.f. 01.04.2000, the assessee was not entitled for claim of deduction u/s. 80IA of the Act as the assessee could not satisfy the requisite conditions laid down in sec. 80IA of the Act. Against the said order of AO, assessee preferred an appeal before the Ld. CIT(A), who quashed the reassessment proceedings relying on various ....

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....2005-06. The notice u/s. 148 of the Act for re-assessment was issued on 10.09.2010, clearly after expiry of four years. In this case, along with the return of income filed originally by the assessee the assessee had filed the audited accounts, tax audit report and auditor's certificates certifying the amounts eligible for deductions u/s. 80IA of the Act. Later on, the assessment was completed u/s. 143(3) of the Act after thorough examination of the details, documents and evidences furnished in the course of scrutiny assessment proceedings and the total income was determined at Rs.19,58,610/- after allowing deductions of Rs.12,549,066/- and Rs.18,228,528/- under sections 80IA and 80IC of the Act respectively. Subsequently, notice u/s. 148 of....