The Income Tax Appellate Tribunal (ITAT), Chandigarh held that the deduction under Section 80IA is subjected to other conditions relating to time period and percentage of the deduction.
The assessee, M/s Unipro Techno Infrastructure Private Ltd. is primarily engaged in developing, providing Lift Irrigation Scheme, Lift Water Supply Scheme for different state governments.
The assessee claims that the development work carried out by the assessee falls within the definition and scope of Infrastructure development, maintenance and operation activity, hence, the assessee is eligible for deduction under section 80IA(4) of the Act.
The assessee, had entered into agreements in earlier years for developing, providing Lift Irrigation Schemes, Lift Water Supply Scheme at different places with respective State Authorities such as Irrigation and Public Health Department of Himachal Pradesh Government and that of Government of Uttarakhand and also with Government of Rajasthan.
The issue relating to the eligibility of the assessee to claim deduction under section 80IA of the Act in respect of the projects including similar types of other projects or contracts entered into by the assessee has already been considered by the Tribunal in the own case of the assessee for earlier assessment years.
The two-member bench headed by the Vice President N.K. Saini noted that the deduction under section 80IA of the Act for the relevant projects i.e. “Thural” and “Dehra” has already been allowed in the earlier years and this year being a subsequent year, the findings arrived for the same project in earlier years will mutatis-mutandis apply to the subsequent assessment year also with the condition that the total number of years for claiming deduction will be subject to the other conditions relating to the time period of claiming deduction and percentage of the deduction as provided under section 80IA of the Act.
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