place and, hence, it will not be
impacted by sub-section (12A) of Section 80IA of the I.T. Act, 1961. We do not
agree ... taken place after 31.03.2007, the provisions of sub-section (12) of the
Section 80IA will not apply. Deduction claimed by the assessee u/s 80IA
The Dcit, Circle-1(1),, Baroda vs Gujarat Flurochemicals Ltd.,, Baroda on 28 June, 2019
allowing the claim of deduction ignoring the provisions of
section 80IA(4)(iv) ignoring the requirement of setting off of
loss of earlier years with ... claim of deduction of ₹
1,08,95,414/- under Section 80IA(4)(iv)
ignoring the requirement of setting off the
loss of earlier year with
facts of the case in not allowing deduction
under section 80IA(4)(iv)(b) of the Income Tax Act, 1961.
2. Your Appellant submits that ... mere works contract, therefore
the Explanation to sub- section 13 of section 80IA are not applicable and is
eligible for deduction under section 80IA
though the Assessee does not
satisfy the proviso to sub- section 4 of Section
80IA of the Act?
2. Whether, on the facts ... that
the assessee has not satisfied the requirement of sub-
sec.(4) to sec.80IA . According to the authorities below
http://www.judis
justified in confirming disallowance of deduction under section
80IB /IC by applying provisions of section 80IA(8) read with 80IB(13)
and 80IC ... purposes of computing deduction under section 80IB /IC read with
section 80IA(8) of The Act.
(iii) That Ld. CIT(A) has failed to appreciate
assessee. AO
shall also consider the applicability or otherwise of Sec. 80IA (8)
as per law. The AO shall note that no other error/prejudice ... arising out of such
activity. We may recall, under sub-section (4) of Section 80IA of
the Act, an enterprise carrying on the business
assessee has
claimed deduction of Rs.2,23,90,593/- under section 80IA in respect of income from
windmills but these windmills had commenced production ... Assessing Officer
further observed that, as evident from the provisions of section 80IA(5), the profit from
eligible business, for the purpose of determination
year for claiming deduction under section 80IA .
According to sub-section (5) of section 80IA , the assessee has
been given an option to select initial ... section.
8. As far as conditions of section are concerned, the AO has
himself allowed the deduction under section 80IA
With respect to Question [B], the issue pertains to sub Section
(8) of Section 80IA of the Income Tax Act, 1961. The assessee ... unit from the general unit.
The Assessing Officer applying sub-Section (8) of Section 80IA
restricted the same to Rs. 5.32 ps. per unit
