purpose of computing the deduction under section
80HH .
7
XI. DEDUCTION UNDER SECTION 80IA:
11.1 On the facts and in the circumstances of the case ... where as u/s 80HH it was against. We decide this issue in favour of the
assessee for deduction u/s 80IA following the orders
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
lignite and sale price of electricity in computing relief under Section 80IA / 80IB ?
2. If the answer to the question No.1 is in favour ... under Section 263 of the Act that the assessment was sought to be revised on the ground that the deduction claimed under Section 80IA
holding that the assessee is eligible for deduction under Section 80IA of the Act, even though the assessee is not engaged as such ... Whether the assessee is entitled for claim of exemption under Section 80IA when it did not carry out any manufacturing activity?"
3. The assessee
Board that
sub section (4A) was deleted and the deduction earlier available
continues in lieu of sub section (4) of Section 80IA . Therefore, the
condition ... section (4). Such
provision has no application to the case of the assessee, which
became eligible for deduction under sub-section (4) of Sec. 80IA
section 153A, in a case where
search is initiated u/s 132 or requisition of books of accounts,
documents or assets is made ... section (9A), the profit of business while
allowing deduction u/s 80HHC shall be further reduced by
34
profits on which deduction u/s 80IA
suitable compliance :
(i) The
Income Tax benefits under sub- section 4(iii) of Section 80IA of the
Income Tax Act, 1961 will be available only ... formulated in exercise of powers under clause (iii)
of sub-section (4) of Section 80IA of the Income Tax Act, 1961. It
was called
deduction under Section 80 IA was rightly claimed. In Unit No.II there was loss and hence no deduction under Section 80IA was claimed ... provisions of Section 154 (I) (b) on the ground that since gross total income was a loss, the deduction under Section 80IA was not allowable
assessee company is discussed at first place. Sub
Section 9 of Section 80IA is reproduced as under:-
"(9) Where any amount of profits ... order
u/s 263 has clearly brought out that plain reading of the sub-
section 9 of Section 80IA of the I.T. Act makes
assessee had claimed deduction of
Rs.2.22 crores under Section 80IA of the Act and also of Rs.3.82
crores under Section 80IB ... crores claiming deduction of Rs.2.11 crores under Section
80IA of the Act and Rs.3.10 crores under Section 80IB
