section (13) of Section 80IB provides that the provisions contained in sub-section (5) and sub-sections (7) to (12) of Section 80IA shall ... eligible business under this section.
The provision of Section 80IB(1) and sub-section (7) of Section 80IA of the Act are reproduced below
pertained to the petitioner's claim
of deduction under section u/s. 80IA(4)(iv) of the Act
in respect to sale of steam ... power and shall
qualify for the benefits available under
section u/s. 80IA(4)(iv) ."
13. From the above reply of the petitioner
State Govt.
or any other agency. The Explanation, below sub section
(13) of section 80IA , as inserted by the Finance Act, 2009
with retrospective effect ... contractors are not
developers within the meaning of subsection (1) of section
80IA and hence, they are not eligible for deduction in
respect
claimed a deduction of Rs.6,72,43,719/-, under Section 80IA of the Income Tax Act, 1961, (hereinafter referred ... Income Tax Appellate Tribunal should have observed that since sub Section 5 of Section 80IA starts with a non-obstante clause, the restriction
assessment
within the meaning of provisions of sec.147
of the Act as wrong deduction u/s. 80IA of
the Act has been allowed ... said section. In response to such query, the
petitioner gave detail work out of its claim of
deduction under section 80IA of the Act from
been observed that the assessee had claimed deduction, under Section 80IA(4) to the tune of Rs.66,61,342/-. A show cause notice, dated ... Appellate Tribunal ought to have observed that since sub- section 5 of Section 80IA starts with a non-obstante clause, the restriction
holding that the assessee is entitled to deduction under Section 80IA without setting off the losses/unabsorbed depreciation pertaining to the windmill, which were ... abundantly clear from Sub-Section (2) that an assessee who is eligible to claim deduction u/s 80IA has the option to choose the initial
Thereafter the revisionary jurisdiction under section 263
of the Act was invoked on issues other than under section 80IA and 80IB .
Mr. Vohra relied upon ... reassessment was barred under section 149 as the reasons alongwith the
notice under section 148 and sanction under section 151 were not
communicated
case, the Tribunal was right in deleting the disallowance made under Section 80IA(4) of the Income Tax Act?
(ii). Whether the Tribunal was correct ... treated as inland port and therefore, eligible for deduction under Section 80IA(4) ?
(iii). Is not the finding of the Tribunal bad by deleting
question No.4 relate to the same issue of deduction under
Section 80IA(4) of the Act regarding valuation of the electricity
generated ... relation to the assessee's claim for reduction under Section
80IA(4) . We are informed that such an issue in case of the
assessee
