with the activities/services stipulated in clause (ii) to sub-section
(4) of Section 80IA . This is a technical aspect and if required,
the tribunal ... 2011 Page 20 of 23
business referred in sub-section (4) to Section 80IA . The words
used in Section 80IA
deduction u/s
80IA .
The deduction under clause (IV) sub- section 4 of section
80IA is available to the assessee who is in the business ... Section 148 prescribed
under Section 147 are not satisfied in the present case. It is stated that the
issue of deduction under Section 80IA
inserting clause (aa)
sub-section (1) of Section 7 of the said Act, with the advent of ICDs
in India. Under Section ... purposes of the Explanation (d)
below sub-section (4) of Section 80IA . We were not able to find a
definition of the words "inland
which the provisions are attracted are
specified in sub-section (4) of Section 80IA. The object
and purpose of Section 80IA was to provide ... growth of infrastructure in the country. Clause (iii)
of sub-section (4) of Section 80IA makes eligible an
undertaking which (i) develops; or (ii) develops
80IA the
deduction claimed u/s 80HHC . However, as per law the
assessee has to claim deduction u/s 80IA on profits without any
reduction ... assessee has while working out deduction u/s
80HHC has not reduced the amount of deduction u/s 80IA from
the profits of business. This
section (13) of Section 80IB provides for
applicability of the provisions of Sub-section (5) and Sub-
sections (7) to (12) of Section 80IA ... also required to be read into Section 80IB . [see
Section 80IB(13) ]. We may reiterate that Sections 80I , 80IA
and 80IB have a common scheme
eligible vaccine unit for the
purpose of computing the deduction under Section-80IA, thereby reducing
the deduction.
2. The brief facts are that the assessee ... follows: -
"10.1 We have heard both the parties. Under sec. 80IA , profits
and gains derived by an undertaking or an enterprises from any
business
consider Section 80IB(7) of
the Act as it stood then. The benefit granted to a small scale unit, in terms of Section
80IA ... claimed in the
unit which had been granted the benefit under Section 80IA. The Court noticed the
provision of Section 80IA(7). The relevant part
amount, deduction of
Rs.17,82,47,622/- was allowed under Section 80IA of the Act. Some
more amounts were added and the book profits ... short) issued
notice under Section 263 of the Act as he was of the opinion that
deduction under Section 80IA had been wrongly computed
deduction under Section 80HHC was allowed without reducing the
deduction claimed and allowed under Section 80IB as required by Section
80IA(9) , which is also ... completed
under Section 143(3) at Rs.3,00,51,422/-. There were two subsequent
orders under Section 154 / 143(3) and Section
