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Issue ID: 2259
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80IA benefit querry

Date 26 Sep 2010
Replies 1 Reply
Views 2267 Views
Infrastructure facility tax benefit continues without a sunset clause; entitlement follows commencement of the eligible activity.
Infrastructure facilities under 80-IA(4)(i) are not subject to a legislative sunset clause; entitlement to the prescribed deduction is triggered by commencement of the eligible activity and the assessee may claim the deduction for the statutory benefit period measured from start/commencement, whereas certain other classes (telecommunication services, industrial park developers/operators, and power generation undertakings) were subject to explicit cutoff dates for commencement of eligible operations. (AI Summary)

There is limitations for availing 80IA benefit for the following business undertakings:

 
1. Telecommunicaiton Services- 31.03.2005
2. Develops, operates, maintaines Industrial Park- 31.03.2011
3. Power Generation - 31.03.2011
 
Is there any time bound limitations for availing the benefit for the operating and development of INFRASTRUCTURE FACILITY.
 
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Replied on Sep 27, 2010
1. Do you mean the infrastructure facilities mentioned in section 80-IA (4)(i)? If yes, there is no sunset clause for the purpose of this category. An assessee can claim the benefit for ten years for the infrastructure facilities after start / commencement of the activity / business.
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