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Deduction u/s. 80-IA(4) available if assessee develops the infrastructure facility but do not operate or maintain the same
Case Law Details
- Case Name
- Assistant Commissioner of Income-tax (CC)-45 Vs Pratibha Industries Ltd. (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2000-01 to 2002-03, 2003-04 to 2004-05, 2005-06
- Courts
- All ITAT, ITAT Mumbai
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Section 80-IA(4 talks about any enterprise. When we trace the heading of the section, it reads, “Deductions in respect of profits and gains from industrial undertakings or enterprises engaged in infrastructure development, etc.”. This heading itself clarifies that if an industrial undertaking is in the business of infrastructure development, that industrial undertaking qualifies to claim the deduction under section 80IA.
Sub-sections (1) to (3) to section 80IA, through operation of law is available to industrial undertaking, but there is a slight departure in sub-...





