11.1 We further note that ITAT Hyderabad 'A' Bench in the case of ACIT
vs. PLR Projects Pvt. Ltd. in ITA No. 1079/HYD/2013 for A.Y. 2007-08
13
vide their order dated 12.3.2014 has held that the second proviso to
Section 40(a)(ia) of the Act inserted by the Finance Act, 2012 w.e.f.
1.4.2013 is clarificatory in nature and hence the benefit of the same
should be applied retrospectively.
In respect of additional
income offered, the assessee is also entitled to make this claim as held by the
Tribunal in Mahalaxmi Infra Projects Vs. DCIT in ITA Nos.2571 to
2577/PN/2012 and in ACIT Vs. Mahalaxmi Infra Projects Ltd. in ITA Nos.50 to
56/PN/2013, relating to assessment years 2004-05 to 2010-11, order dated
09.12.2015, which has been further applied in order dated 17.01.2018, which
has been referred to by us in the paras hereinabove. Accordingly, we hold that
the assessee is entitled to claim the deduction under section 80IA(4) of the Act
on additional income offered in the abated assessment proceedings i.e.
ITA Nos.1805 to 1811/PUN/2014
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D.M. Corporation Pvt. Ltd.