Project Advisor Denied Tax Deduction: SPVs Deemed Separate Entities, Not Eligible for Section 80IA Benefits.

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....The assessee provided project advisory services to Special Purpose Vehicles (SPVs) formed to execute infrastructure contracts obtained from NHAI. The assessee contended that the SPVs were its 'enterprise' or 'undertaking' for claiming deduction u/s 80IA. However, it was held that the SPVs were separate legal entities executing the infrastructure facility development and operation work. The assessee raised invoices on the SPVs for its services, indicating recognition of the SPVs as separate entities. The SPVs filed separate returns, and the assessee's income was not credited to its profit and loss account, contrary to an owned enterprise. The consortium members charged the SPVs more than their costs, earning profits. Therefore, the SPVs coul.........