Section 80IA - Page 13

Section 80-1A(2) benefit available to telecommunication services undertaking for 10 consecutive years from the year of exercise of option

ACIT Vs Vodafone Essar Gujarat Ltd. (ITAT Ahemdabad)

We have heard both the parties and gone through the facts of the case and the decisions cited before us. The issue before us as to whether or not the assessee is entitled to claim deduction u/s 80IA in terms of the provisions amended w.e.f 1.4.2000 even when the assessee had already started providing telecommunication services in the peri...

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An assessee does not have to develop entire port to qualify for deduction u/s 80-IA of the Income Tax Act, 1961

CIT Vs ABG Heavy Industries Ltd. (Bombay High Court)

The object of Section 80IA was to provide an impetus to the growth of infrastructure in the nation. A sound infrastructure is a sine qua non for economic development. Absence of infrastructure poses significant barriers to growth and development. A model which relied exclusively on the provision of basic infrastructure by the State was fo...

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Interest on late payment from customers against supply of goods is eligible for deduction u/s 80-IA

CIT Vs Advance Detergents Ltd. (Delhi High Court)

Gujarat High Court, when interest is paid on delayed payment, it can be treated as higher sale price which is converse situation to offering of cash discount because the transaction remains the same and there is no distinction $s to the source. Looking from' this angle, the interest becomes part of the hire sale price and is clearly deriv...

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Non tax breaks U/s. 80IA for telecom companies offering 3G services

The Government has decided that telecom companies offering 3G services will not be allowed to claim tax breaks under Section 80 IA of the Income Tax Act. Benefits under Section 80 IA are extended to companies involved in infrastructure creation. In the telecom sector, existing operators are allowed to choose a block of 10 years (out of t...

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If condition laid down under Section 80IA(10) are not satisfied that Sub Section cannot be invoked and no disallowance of deduction can be made

Income Tax Officer (Ahmedabad) Vs J.H. Kharawala Pvt. Ltd. (ITAT Ahmedabad)

Assessing Officer has not made out any case for disallowing even a part of deduction allowable under Section 80IA. Once any condition laid down under Sub Section 10 of Section 80IA are not satisfied that Sub Section cannot be invoked and therefore no disallowance of deduction under that section can be made....

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Section 80-IA relief has to be deducted before computing section 80-HHC relief

ACIT Vs. Hindustan Mint (ITAT 5 Member Special Bench at Chennai)

In ACIT Vs Rogini Garments108 ITD 49 the Special Bench at Chennai held that relief allowed u/s 80-IA had to be deducted from profits and gains of assessee’s business on which relief u/s 80HHC of the Act is to be computed. Subsequently, the Madras High Court in SCM Creations 304 ITR 319 took a contrary view. The question whether Rogini G...

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Section 80IA(7)- Filing of audit report along with return not mandatory

Commissioner of Income Tax Vs Contimeters Electricals Pvt. Ltd. (Delhi High Court)

Contimeters Electrical Pvt. Ltd 317 ITR 249 (Del)- Tribunal had arrived at the correct conclusion that the requirement of filing of audit report along with the return was not mandatory but directory and that if the audit report was filed at any time before the framing of the assessment, the requirement of section 80IA(7) would be met....

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September 2021