COMMISSIONER OF INCOME TAX Vs. HCIL KALINDEE ARSSPL

JUDGEMENT

(1.) THESE two appeals by the Revenue arise out of a common order of Income Tax Appellate Tribunal dated 25.11.2011 in the case of M/s. HCIL ARSSPL TRIVENI (JV) vs. ACIT and M/s. HCIL KALINDEE ARSSPAL (JV) vs. ACIT. The appeals relate to Assessment Year 2007 -2008.

(2.) BY order dated 30.10.2012, the following substantial question of law was framed in these two appeals.

(3.) THE aforesaid factual position was put to the respondent assessees and they were asked to reply and explain. Reply furnished was not accepted by the Assessing Officer, who also relied on Explanation to sub -Section 13 of Section 80IA of the Act which stipulates that the Section 80IA is not applicable to an assessee engaged in the execution of works contract. Deduction under Section 80IA was denied and an addition of Rs.70,07,615/ - and Rs.41,83,622 was made in the case of M/s. HCIL Kalindee ARSSPL (JV) and HCIL ARSSPL Triveni (JV) respectively. The assessees accepted the quantum order and did not file any appeal. Additions made attained finality.