worthwhile to refer to the intention of the Legislature in introducing sec
80IB(11A), which is reproduced hereunder :
"Under the existing provisions of Sec ... thirty per cent deduction for the next five years. Thus, Sec 80IB(11A) is
applicable to income derived from the integrated business of handling, storage
gains derived from the undertaking" whereas the language
used in section 80IB(11A) with which the assessee is concerned in "profits and
gains ... used
interchangeably and therefore, there was no material difference between section
80I and section 80IB. The Hon'ble Supreme Court had decided the issue
11A of sec.80IB . Sub section 1 of sec. 80IB is relevant which
contains similar provisions as contained in sec. 36(1)(viii)
reproduced ... therefore, reproduce the provisions of
sub section 1 of sec. 80IB , which is as under: -
"80IB. (1) Where the gross total income
11A of sec.80IB . Sub section 1 of sec.
80IB is relevant which contains similar provisions as
contained in sec. 36(1)(viii) reproduced ... therefore, reproduce the provisions of sub section 1 of sec.
80IB , which is as under: -
"80IB. (1) Where the gross total income
deduction u/s 80IB of the Act on the amount of
DEPB/duty draw back and concluded that
i) when Section ... Parliament has confined deduction u/s 80IB to profits derived from eligible
businesses mentioned in sub-sections (3) to (11A) [as they stood
purpose of Section 80IB of the Act.
Relevant para of the judgement reads as under :
"5. Ref erence to Section 80IB ... others,
which makes no diff erence f or the purpose of
Section 80IB of the Act. The Tribunal has also
relied upon simil
Nilesh Developers, Baroda vs Department Of Income Tax
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD
Sitaram Developers, Baroda vs Department Of Income Tax
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD
Shree Laxmi Developers, Baroda vs Department Of Income Tax
IN THE INCOME TAX APPELLATE TRIBUNAL
Vaibhav Construction, Anand vs Assessee
IN THE INCOME TAX APPELLATE TRIBUNAL
AHMEDABAD BENCH "B
