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2019 (4) TMI 1856 - AT - Income TaxDeduction u/s 80IA(i) - Sales Tax Benefit as inextricably linked to the industrial undertaking and was integral part of the profit derived from power generation by the said undertaking eligible for deduction - HELD THAT:- In the view of our above findings and the decision of Pune Bench of the Tribunal in the case of M/s.Patankar Wind Farm Pvt. Ltd. Vs. Dy. Commissioner of Income Tax [2017 (12) TMI 1758 - ITAT PUNE]we hold that the sales tax subsidy received by the assessee is revenue in nature and not eligible for claiming deduction u/s. 80IA of the Act. Accordingly, the second question in appeals is answered in negative and against the assessee. The impugned orders are set aside and both the appeals by Revenue are allowed We find that the facts in the present set of appeals are identical and hence, the controversy whether the assessee is eligible for claiming deduction u/s.80IA(4) on “Sales Tax Benefit‟ received from State Government is squarely covered by the decision of the Co-ordinate Bench of the Tribunal. Thus, in the light of the aforesaid decision of Tribunal, we hold that the assessee is not eligible for claiming benefit of deduction u/s.80IA(4) in respect of “Sales Tax Benefit‟ received from the State Government. - Decided against assessee.
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