ORDER :

(Ujjal Bhuyan, J.)

1. Heard Mr. Deepak Chopra, learned counsel representing Mr. G.Narendra Chetty, learned counsel for the petitioner; Mr. B.Mukherjee, learned counsel representing Mr. Gadi Praveen Kumar, learned Deputy Solicitor General of India appearing for respondent No.1; and Mr. J.V.Prasad, learned Standing Counsel, Income Tax Department for respondent Nos.2 and 3.

2. By filing this petition under Article 226 of the Constitution of India, petitioner has assailed legality and validity of the order dated 28.03.2019 passed by the Principal Commissioner of Income Tax-6, Hyderabad i.e., respondent No.3, under Section 264 of the Income Tax Act, 1961 (briefly referred to hereinafter as ‘the Act’) and further seeks a direction to the said respondent to re-consider the claim of the petitioner for deduction under Section 80-IA of the Act.

3. Petitioner before us is a joint venture and is also an assessee under the Act having the status of joint venture. The joint venture was formed between two companies – M/s.Tata Projects Ltd. and Aldesa Construcciones, S.A. for design and construction of civil structures and track works for double line railway tracks, bridges, structures etc.