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2012 (6) TMI 105 - MADRAS HIGH COURTComputation of deduction under Section 80IA – revenue contested that service charges for maintenance, charges for transportation, erection and commission charges, labour charges, sale of scraps during manufacturing are not to be included as profits and gains of the industrial undertaking for computation of deduction – Held that:- As decided in M/s Liberty India Versus Commissioner of Income Tax [2009 (8) TMI 63 (SC)] deduction provided under Section 80IA being "profit linked incentive” there exists no flaw in the order of the Tribunal - the service charges, labour charges and transportation charges incurred were for erection testing and commissioning of the units sold and were part of the receipts of the industrial undertaking come within the meaning of the profits and gains derived by the undertaking or an enterprise from any business and scrap sales also qualify for consideration under Section 80IA of the Act – in favour of assessee.
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