Deduction under section 80-IA: transferee may claim unexpired period when transfer for operation and maintenance unless amalgamation/demerger. Eligibility for deduction under section 80-IA turns on whether an undertaking was formed by splitting or reconstruction and on the nature of any transfer. If operation and maintenance of an infrastructure facility or industrial park/SEZ is transferred to a transferee in accordance with the proviso, and the transfer is not by way of amalgamation or demerger, the transferee is eligible to claim the deduction for the unexpired period; however, transfers in a scheme of amalgamation or demerger on or after the specified date disqualify the amalgamated or resulting company. Profit of the transferee is to be computed under the applicable subsections for deduction calculation.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Deduction under section 80-IA: transferee may claim unexpired period when transfer for operation and maintenance unless amalgamation/demerger.
Eligibility for deduction under section 80-IA turns on whether an undertaking was formed by splitting or reconstruction and on the nature of any transfer. If operation and maintenance of an infrastructure facility or industrial park/SEZ is transferred to a transferee in accordance with the proviso, and the transfer is not by way of amalgamation or demerger, the transferee is eligible to claim the deduction for the unexpired period; however, transfers in a scheme of amalgamation or demerger on or after the specified date disqualify the amalgamated or resulting company. Profit of the transferee is to be computed under the applicable subsections for deduction calculation.
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