which is not
eligible business in terms of 80IB(1) for claiming deduction u/s 80IB(11A).
11. Justifying the observations of the ld. Assessing ... there is a separate provision of deduction u/s 80IB for manufacturing
concerns and section 80IB(11A) is not the provision meant for such
manufacturing
within due date specified u/s 139(1) and hence in view of provisions of
section 80AC deduction u/s 80IB cannot be allowed ... deduction
u/s 80IB by giving various reasons which can be summarized as
under:
(i) He referred to the provisions of section 80IB(11A
holding that the assessee is not
entitled to deduction under section 80IB(11A) of Rs.
2,15,30,363/-.
5
5.1 That in the absence ... once the section is found to be
applicable, then it has to be constructed liberally. Since
undoubtedly the provisions of section 80IB(11A
kasar (discount) amounting to
Rs1,13,499/- eligible for deduction u/s 80IB(11A) of the Income
Tax Act, 1961 ('the Act') after ... partnership deed
from the eligible profit to claim deduction u/s 80IB(11A)
of the Act.
ITA No. 750/Ahd/2014 3
Asst. Year
assessment proceedings u/s
143(3) of the Act, the A.O observed that the deduction u/s
80IB(11A) of the Act does ... u/s 80IB of the Act, i.e it is formed by
demerger and therefore, is not eligible for deduction u/s
80IB(11A
u/s 80IB of the I.T. Act in relation to all the
eligible business activity which qualify for deduction
u/s 80IB (11A ... u/s 80IB of the I.T. Act in
relation to all the eligible business activity which qualify for
deduction u/s 80IB (11A
been claimed as deduction under section 80IB
(11A) of the I T Act, 1961.
3. The assessee during the course of assessment proceedings has
filed ... laid down in section 80-IB (!1A). He further submitted that
assessee is only eligible to claim deduction u/s 80IB(11A) for each
undertaking
view that the intention of
legislature in introducing section 80IB(11A) is to encourage the
persons to come forward for creating facilities for bringing ... integrated activity of storage, handling
and transportation, the conditions of section 80IB(11A) are not
satisfied. He further noted that the assessee has not maintained
dispatch sections.
20. The TPO observed, that the chilling units of the assessee
company had claimed deduction u/s 80IB(11A ... submitted that as Section 80IA(8) of
the Act [applicable to the assessee company which has claimed
deduction u/s 80IB(11A
accordingly was eligible for deduction in terms of section 80IB(11A) of
the Act from the assessment year 2012-13 onwards.
3. In the aforesaid ... 80IB of the Income Tax Act made
by the company without verifying, as to whether all
conditions of claiming deduction U/s. 80IB(11A
