80IA benefit querry

[CA Rachit Agarwal]

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.

 

[Surender Gupta]

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.

AI Summary

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.