THE issue before the Bench is - Whether when the assessee originally a sub-contractor, but subsequently becomes a direct party to the main agreement in its own right, directly responsible for the work done and dealing with the Government on behalf of the developer, cannot claim the benefit of deduction u/s 80IA, merely because they have not developed the entire project. And the answer goes in favour of the assessee.
Facts of the case
The assessee has undertaken the work on Back to Back Agreement concept under sub contract from Patel Engineering Company Limited (PEC) vide Sub-Contract Agreement for construction of Tunnel which supplies the water form River Koyna and makes it available to Power House. The