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2020 (12) TMI 1156 - AT - Income TaxDeduction u/s 80IA - disallowance of deduction as assessee is a contractor not a developer HELD THAT:- As decided in own case [2020 (11) TMI 469 - ITAT CHANDIGARH] deduction u/s 80IA of the Act for the relevant projects i.e. “Thural” and “Dehra” has already been allowed in the earlier years and this year being a subsequent year, the findings arrived for the same project in earlier years will mutatismutandis apply to thesubsequent assessment year also with the condition that the total number of years for claiming deduction will be subject to the other conditions relating to the time period of claiming deduction and percentage of the deduction as provided u/s 80IA of the Act. Disallowance u/s 14A - HELD THAT:- It is noticed that the Ld. CIT(A) decided this issue by following the judgment of the Hon'ble Jurisdictional High Court in the case of CIT Vs. Lakhani Marketing Inc. [2014 (7) TMI 44 - PUNJAB AND HARYANA HIGH COURT] wherein it has been held that when there is no exempt income, no disallowance under section 14A of the Act can be made. Ld. CIT(A) also followed the judgment of the Hon'ble Supreme Court in the case of Principal CIT Vs. Oil Industry Development Board [2019 (3) TMI 1571 - SC ORDER]. We therefore in the absence of any contrary decision brought on record, do not see any valid ground to interfere with the view taken by the Ld. CIT(A).
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