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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)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2000-01 to 2002-03, 2003-04 to 2004-05, 2005-06
Advertisement 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-...
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