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    <title>2024 (12) TMI 898 - ITAT AHMEDABAD</title>
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    <description>ITAT Ahmedabad held that the assessee qualified as a developer under Section 80IA(4) based on financial parameters and business risk elements, following the precedent in Montecarlo Ltd. The tribunal directed that Section 80IA deductions should apply to final assessed income including all additions or disallowances. Various additions were deleted including those based on GP margin estimation due to book rejection, vendor expense disallowances, and warranty provisions. However, leave encashment disallowance was upheld per Section 43B(f) requiring actual payment. Section 14A disallowances were deleted for lack of proximate cause between expenditure and exempt income. Penalties under Section 271(1)(c) were cancelled as claims were transparently disclosed without concealment or inaccuracy.</description>
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      <link>https://www.taxtmi.com/caselaws?id=763318</link>
      <description>ITAT Ahmedabad held that the assessee qualified as a developer under Section 80IA(4) based on financial parameters and business risk elements, following the precedent in Montecarlo Ltd. The tribunal directed that Section 80IA deductions should apply to final assessed income including all additions or disallowances. Various additions were deleted including those based on GP margin estimation due to book rejection, vendor expense disallowances, and warranty provisions. However, leave encashment disallowance was upheld per Section 43B(f) requiring actual payment. Section 14A disallowances were deleted for lack of proximate cause between expenditure and exempt income. Penalties under Section 271(1)(c) were cancelled as claims were transparently disclosed without concealment or inaccuracy.</description>
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