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2010 (2) TMI 856 - AT - Income TaxDeduction under s. 80-IA(4)(ii) of the Act - denial of benefit - submissions of Departmental that it is noticed that the assessee has not made a claim nor does the assessee have any income from the business of fax mail during the relevant assessment year - assessee admitted that it is not doing the business of fax mail services and the same had been discontinued - Held that:- even on this ground the assessee cannot be denied deduction under s. 80-IA, assessee is entitled to the deduction under s. 80-IA for the assessment year under appeal, assessee does not have any income from the fax mail services, there is no direction that is required to be issued to the lower authorities for any verification. In these circumstances, the findings of learned CIT(A) and the AO on the issue are reversed and the AO is directed to grant the assessee the benefit of deduction under s. 80-IA on the income of the assessee from the business of internet services and internet telephony, appeal of the assessee stands allowed.
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