therefore, at the stage of subsection (3) of section 80HHC effect
of subsection (9) of section 80IA would apply. It is true that ... section' can be used
to interpret that section 80HHC of the Act can have no effect of
subsection (9) of section 80IA
section 148 read with
section 147 of the Act. On the basis of
retrospective amendment, the explanation given
under subsection (13) of section 80IA ... explanation given below to sub
section (13) of section 80IA of the Act,
which has been substituted by the Finance
income at
Rs.70,32,21,512/- and claimed deduction under Section 80IA of
the Rs.23,37,65,504/- in respect of various power ... scrutiny order under Section 143(3) , wherein,
he disallowed Rs.3,65,25,780/- from the total claim made under
Section 80IA
section (13) of section 80IB provides that the provisions
contained in sub-section (5) and sub-sections (7) to (12) of section 80IA shall ... therefore, at the stage of sub-section
(3) of section 80HHC effect of sub-section (9) of section 80IA would apply. It is
true that
therefore, at the stage of subsection (3) of section 80HHC
effect of subsection (9) of section 80IA would apply. It is
true that ... section' can be used to interpret that section 80HHC of the
Act can have no effect of subsection (9) of section 80IA
third question
as proposed by the Revenue with regard to Section
80IA(4) of the Act.
Page 6 of 14
Downloaded ... assessee had claimed deduction of
Rs.32,51,080/- under Section 80IA(4) of the Act. This
claim was on account of the operation
section 80IB for Daman
Unit; disallowed Rs.6,90,34,962/- under section 80IB for Baddi Unit;
Rs.48,28,944/- under section 80IA ... unit is concerned and therefore,
considering the provisions of section 80IB(13) read with section
80IA(5) , deduction of the assessee Company for Daman unit
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
amendment in the
Finance Act, 2009 , an explanation to sub-section (13) of section
80IA has been inserted and the petitioner does not fulfill ... explanation to sub section (13) of section
80IA, the assessee company does not fulfill all the conditions,
as laid down in section 80IA
treating the
same as capital expenditure and claim of deduction under
section 80IA of the Income Tax Act, 1961 [For short ... section. Therefore, the term "initial
assessment year" would mean, the first year opted for by the
assessee for claiming deduction under section 80IA
