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2019 (8) TMI 15 - HC - Income TaxDisallowance of claim of deduction u/s 80 IA (4)(ii) - profit generated from the operation of private telephone exchange in the computation of taxable total income - HELD THAT:- The substantial question of law arising in these appeals was considered in the case of Sabdhagiri Telecom Vs. Income Tax Officer, Ward-1(1) Coimbatore [ 2018 (12) TMI 644 - MADRAS HIGH COURT ] wherein it was held that the assessee, an authorised franchise of BSNL, operating telephone exchange and providing basic telecommunication services to its customers in pursuance of agreement entered into with BSNL was entitled to deduction under 80-IA(4)(ii). In the said decision, the decision of CIT Vs. Himanshu V. Shah [2014 (12) TMI 1331 - GUJARAT HIGH COURT] was quoted with approval held that the assessee is a franchisee of BSNL, engaged in installing, maintaining and operating EPEX system to support functioning of BSNL could be treated to have provided 'basic telephonic services' and thus, was eligible for deduction under Section 80- IA(4)(ii). - Decided in favour of assessee.
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