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| The Tax Publishers2019 TaxPub(DT) 5798 (Mad-HC) INCOME TAX ACT, 1961
Section 80-IB
As referred to decision of Supreme Court in the case of K.Raheja Development Corporation v. State of Karnataka 2005 (5) SCC 162 that this issue was decided in favour of assessee and revenue did not prefer any appeal against the finding recorded by appellate authorities Therefore, substantial question of law was rejected.
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Deduction under section 80-IB - Assessee not satisfying the conditions for allowing the deduction - -
Issue arose under consideration as to whether Tribunal was right in deleting the disallowance made under section 80-IB(10) especially as per Finance Act 2009, introduced with effect from 1-4-2010 applicable to the Assessment year 2010-11 year and assessee, had not satisfied the condition of clause (f) of 80-IB(10) applicable to current year and therefore not entitled to deduction. Held: As referred to decision of Supreme Court in the case of K.Raheja Development Corporation v. State of Karnataka 2005 (5) SCC 162 that this issue was decided in favour of assessee and revenue did not prefer any appeal against the finding recorded by appellate authorities Therefore, substantial question of law was rejected.
REFERRED : K. Raheja Development Corporation v. State of Karnataka. 2005 (5) SCC 162 Reliance Jute and Industries Limited v. CIT (1979) 2 Taxman 417 (SC) : 1979 TaxPub(DT) 1092 (SC) CIT v. M/s. Elegant Estates (2018) 407 ITR 425 (Madras) : 2018 TaxPub(DT) 3586 (Mad-HC) Krishna Mohan Agrawal v. CIT 2007 (295) ITR 190 (All) : 2007 TaxPub(DT) 1186 (All-HC) M/s. Ramesh Rajan Construction (P) Ltd. v. Asstt. CIT [ITA No. 3137/Mds/2016, dt. 22-3-2017]
FAVOUR : In assessee's favour
A.Y. :
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