Without prejudice to the above, for the purposes of deduction under
section 80IA(4)(i) , Kakinada Sea Port Limited should be considered ... State Government. We are conscious that condition-(b) of
sub-section (4) of section 80IA requires the assessee to have entered into
agreement with
assessee has claimed benefit of Section 80IA of the Act in
respect of thermal power plants at Satna (Madhya Pradesh) and
Chanderia (Rajasthan ... year under reference. Having regard to the
provisions of sub-section (8) of section 80IA of the Act, the electricity
transferred from the power plants
facts prior to the amendment to the
explanation below sub section (13) of section 80IA vide Finance (No 2) Act, 2009. In view ... entitled to deduction u/s 8QIA(4), for the reason
that the business referred to in sub-section (4) of section 80IA
somewhat similar controversy observed as under :
6. Under sub-Section(8) of Section 80IA of the Act, if it is found that where
any goods ... transfer
of electricity, therefore, would not be covered under sub-Section (8) of
Section 80IA of the Act. However, in so far as the Tribunal
department sent an
intimation u/s 143(1) dated 28.03.2014 and disallowed the deduction u/s
80IA to the tune ... that the order of CPC/AO u/s 143(1) of the Act disallowing
claim u/s 80IA on account of the fact that
first ground of appeal is with respect to the deduction under
Section 80IA of the Act allowed by the learned CIT (A) on the
captive ... condition of the separate industrial undertaking;
accordingly, the deduction under Section 80IA of the Act is not
allowable.
020. We find that the identical issue
profit u/s 115JB considered u/s considered u/s
115JB 115JB
(9) Book profit made u/s Disallowance Computation of
115JB made ... 80IA(6), 80IA(8) and 92F to mean the price
which such goods or services would fetch in the open market. The
above sections require
this regard, adverted to a plain language of sub-section (2) of Section
80IA of the Act. Although this issue is not proposed before ... Madras High Court, proceeded on
the following lines: Because sub-section (5) of Section 80IA opens with a non-
obstante clause, therefore, loss or unabsorbed
view, is the plain
language of sub-section (4)(ii) of Section 80IA of the Act. The said
provision is extracted hereafter:
"(4) This ... contended, that the expression which
finds mention in Sub-Section (4) Clause (ii) of Section 80IA of the Act is
"undertaking" and since
this regard, adverted to a plain language of sub-section (2) of Section 80IA
of the Act. Although this issue is not proposed before ... Velayudhaswamy Spinning Mills (P.) Ltd. case has broken down sub-
section (5) of Section 80IA of the Act and analysed as to what would
