4/2010 dated 18 05 2010
Circular No. 4/2010 was issued by the Central Board of Direct Taxes on 18 May 2010. Its subject is 4/2010 dated 18 05 2010.
This is a clarification. The Board is stating how it reads a provision. That reading binds the department; it does not bind a court, and where the section says otherwise the section wins.
Answers whether widening an existing road creates a new infrastructure facility for the deduction under clause (i) of sub-section (4) of section 80-IA. The Explanation to that clause defines an infrastructure facility as including a road, a toll road, a bridge or a rail system, and a highway project including housing or other activities forming an integral part of the highway project. The Board decides that widening an existing road by constructing additional lanes as part of a highway project is to be regarded as a new infrastructure facility, but that simply relaying an existing road is not.
References had been received asking whether the widening of existing roads amounts to the creation of a new infrastructure facility for that clause.
| Under the 1961 Act | Now |
|---|---|
| s.80IA | no counterpart recorded |
F.No.178/14/2010-ITA.I
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct TaxesNew Delhi, the 18th May, 2010.
Circular No. 4 /2010
Subject:- Widening of existing road – definition of a new infrastructure
facility – clarification regarding.
References have been received by the Board as to whether widening
of existing roads constitutes creation of new infrastructure facility for
the purpose of Section 80IA (4)(i) of the Income Tax Act, 1961.
Section 80IA (4)(i) provides for a deduction to an undertaking engaged
in developing, or operating and maintaining, or developing, operating and
maintaining any infrastructure facility subject to satisfaction of the
conditions laid down in the Section. The Explanation to subsection 80IA(4)(i)
states that for the purpose of this clause, infrastructure facility means inter
alia:-
"(a) a road including toll road, a bridge or a rail system;
(b) a highway project including housing or other activities being an
integral part of the highway project;"
The issue has been examined by the Board. It has been decided that
widening of an existing road by constructing additional lanes as a part
of a highway project by an undertaking would be regarded as a new
infrastructure facility for the purpose of Section 80IA (4)(i). However,
simply relaying of an existing road would not be classifiable as a new
infrastructure facility for this purpose.
(RAMAN CHOPRA)
Director(ITA-I)
Telefax: 23092107
To
1. The Chairman, Members and all other officers in the CBDT of
the rank of Under Secretary and above.
2. All Chief Commissioners / Directors General of Income Tax.
3. The Dir (RSP&PR), Mayur Bhawan, New Delhi for printing in
the quarterly tax bulletin and for circulation as per usual
mailing list.
4. The Comptroller and Auditor General of India (40 copies).
5. The DIT(Vigilance), Mayur Bhawan, New Delhi.
6. The Joint Secretary and Legal Advisor, Ministry of Law &
Justice, New Delhi.
7. All Directors of Income Tax, New Delhi.
8. Director General of Income-tax, NADT, Nagpur.
(RAMAN CHOPRA)
Director(ITA-I)
On a section 80-IA claim for a road project where the Assessing Officer says no new facility was created because the road already existed.
An undertaking takes up a highway project and converts an existing two lane stretch into a four lane road by building the additional lanes. That is a new infrastructure facility for clause (i) of sub-section (4) of section 80-IA. Had it merely resurfaced the same two lanes under a maintenance contract, the deduction would not follow.
It mentions. Circular No. 4/2010
Source: the Income Tax Department’s own published text — its page for this instrument.