after clause (80), the following clauses shall be inserted, namely:— (80A) "online gaming" means offering of a game on the internet or an electronic network
appears that the attention of the Court
was drawn to section 80A(5) of the Act and similar contention was raised by the
assessee therein ... taking note of sub section (5) which was inserted in
section 80A of the Act by Finance(2) Act, 2009 with retrospective effect from
appears that the attention of the Court
was drawn to section 80A(5) of the Act and similar contention was raised by the
assessee therein ... taking note of sub section (5) which was inserted in
section 80A of the Act by Finance(2) Act, 2009 with retrospective effect from
appears that the attention of the Court
was drawn to section 80A(5) of the Act and similar contention was raised by the
assessee therein ... taking note of sub section (5) which was inserted in
section 80A of the Act by Finance(2) Act, 2009 with retrospective effect from
80IA of the Act. The AO referred to
the provisions of section 80A(5), 80AC and 139(1) and noted that
provisions of section 80AC ... income disclosed during the
course of survey.
The AO noted that section 80A(5) mandates that the claim under Chapter VIA
cannot be allowed, unless
authorities below have canvassed a view that the assessee
violated section 80A(5) and hence the deduction was not available; the
assessee has made ... case that section 80A(5) does not apply where
no return is furnished and rather it is section 80AC which would govern
the case
High Court observed as under :-
"19. Section 80A(5) provides that where the assessee fails to make a claim in
his return of income ... particular assessment year, no deductions shall be
allowed. This embargo in section 80A(5) would apply, though section SOP is
not included in section 80AC
Chapter VIA of the Act and on an incorrect understanding of Section
80A(4) of the Act. The opening words of Section 80A(4) read ... Chapter.....". What is sought to be
underscored, therefore, is that Section 80A , and the other provisions in Chapter VIA,
are independent of Sections
incorrect understanding of s.
80A(4) of the Act. The opening words of s. 80A(4) read "Notwithstanding
anything to the contrary contained ... chapter.....". What is sought to be underscored,
therefore, is that s. 80A , and the other provisions in Chapter VI-A, are
independent
case may be was considered at length by even considering
section 80A(5) / 80AC of the Act and the Hon'ble Kerala High Court ... sections 142(1) and 148 of the IT Act.
19. Section 80A(5) provides that where the assessee fails to make a
claim
