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2013 (4) TMI 488

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....al by the Revenue for assessment year 2005-06, following questions of law have been proposed for our consideration. "(a) Whether, on the facts and in the circumstances of the case and in law, the Tribunal is right in law in holding that amended provisions of Section 80IB (10), as amended by Finance Act, 2004, will not apply to project approved before 31-3-2005 and, hence, deduction under Sectio....

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....hese deposits received are inter corporate deposits whereas real nature of amounts received by the assessee is interest free loans and deposits ? (d) Whether, on the facts and in the circumstances of the case and in law, the Tribunal is right in law in holding that assessee is entitled to deduction under Section 80IA(4)(iii) of the Income Tax Act on profits on industrial park at Marol Andheri w....

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.... impugned order upheld the order of the Commissioner of Income Tax (A) holding that the respondent - assessee is entitled to the benefit of deduction under Section 80IA(4)(iii) of the Income Tax Act, 1961 ("Act" for short). The objection of the Revenue that the deduction under Section 80IA(4)(iii) of the Act is available to an industrial park only on CBDT notifying the industrial park under Rule 1....

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....ection 80IA(4)(iii) of the Act has been complied with by the respondent - assessee during the assessment year in question. Further, there is no reason to hold the benefit under Section 80IA(4)(iii) of the Act is available only prospectively from the date of the issue of Notification by the CBDT. In these circumstances, as the decision of the Tribunal is based on finding of fact and mere delay on t....