Income Tax Officer v. Keval Construction

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The Tax Publishers2013 TaxPub(DT) 1595 (Guj-HC) : (2013) 053 (I) ITCL 0386 : (2013) 354 ITR 0013 IN THE Gujarat High Court Akil Kureshi & Sonia Gokani, J.J. ITO v. Keval Construction Tax Appeal No. 443 of 2012 10 December, 2012 In favour of assessee. Section 80-IB, read with section 40(a)(ia), of the Income-tax Act, 1961 - Deductions Appellant by : K. M. Parikh ORDER *Akil Kureshi, J.* Revenue is in appeal against the judgement of the Income Tax Appellate Tribunal ('the Tribunal for short) dated 13-1-2012. Following questions have been presented for our consideration : (I) Whether on the facts and in the circumstances of the case, the Tribunal was right in law in allowing the claim of deduction under section 80IB(10) of the Act and not appreciating the fact that the relationship between the assessee and the end user of the units was that of works contract? SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2013 TaxPub(DT) 1595 (Guj-HC) : (2013) 053 (I) ITCL 0386 : (2013) 354 ITR 0013

IN THE Gujarat High Court

Akil Kureshi & Sonia Gokani, J.J.

ITO v. Keval Construction

Tax Appeal No. 443 of 2012

10 December, 2012

In favour of assessee.

Section 80-IB, read with section 40(a)(ia), of the Income-tax Act, 1961 - Deductions

Appellant by : K. M. Parikh

ORDER

Akil Kureshi, J.

Revenue is in appeal against the judgement of the Income Tax Appellate Tribunal ('the Tribunal for short) dated 13-1-2012. Following questions have been presented for our consideration :

(I) Whether on the facts and in the circumstances of the case, the Tribunal was right in law in allowing the claim of deduction under section 80IB(10) of the Act and not appreciating the fact that the relationship between the assessee and the end user of the units was that of works contract?