Dismissing the appeal of the Revenue the Court held that the object behind the introduction of the provision namely S. 80-IA. While interpreting the scope of the condition (b) of sub-s. (4) of S. 80-IA, rigid interpretation of the provision as canvassed by the Revenue would only result in the assessees involved in genuine infrastructure development projects for and on behalf of the Government or local authorities would be denied the deduction merely on the ground that the State Government had created a nodal agency for working out of the finer details and nitty-gritty of such infrastructure developments. That the purpose of creating such nodal agencies as well as legislative intent of granting deduction to the assessee engaged in developing maintaining, or operating any infrastructure projects for Central Government or State Government or local statutory authority would frustrate. Undoubtedly the benefit of deduction provided for under S. 80-IA(4) is for a beneficial purpose, the purpose being to promote industrial undertakings or enterprises engaged in infrastructural developments etc. Therefore, the interpretation to be given to the said provision should advance the object for which the provision was introduced and not to frustrate it. (AY. 2015-16, 2016-17)
PCIT v. Bothra Shipping Services (P) Ltd (2024) 166 taxmann.com 608/341 CTR 585 /243 DTR 432 / 8 NYPCTR 1280 (Cal)(HC)
S. 80IA : Industrial undertakings-Enterprises engaged in infrastructure development-Tribunal is right in coming to the conclusion that the permission obtained from the customs authority by the assessee vide a letter dt. 1st Feb., 2013 is deemed to be the approval granted by the competent authority of the Central Government-Entitled to deduction under S. 80IA(4)(i).[S.80IA(4)(i), 260A]
Leave a Reply