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2022 (6) TMI 262 - AT - Income TaxDeduction u/s 80-IA - disallowances made as appellant is carrying on the business of common effluent treatment plant only - HELD THAT:- Undisputedly, the assessee’s claim for deduction u/s 80IA of the Act qua the water treatment system plant commenced in June 2004. It is also not in dispute that assessee’s claim qua deduction u/s 80IA of the Act for preceding years i.e. A.Y. 2006-07 to 2011-12 has not been entertained and as such the only inference can be drawn that present claim of the assessee for deduction under section 80IA of the Act has become the first year. We have perused the impugned order passed by the Ld. CIT(A) who has thrashed the facts in the light of the law applicable thereto. After perusing the agreement with Maharashtra Industrial Development Corporation (MIDC), the Ld. CIT(A) observed that the same is a document between Hydroair Tectonics and Patalganga and Rasayani Industries Association (PRIA) with MIDC. There is also one memorandum of understanding between Hydroair and assessee with MIDC as facilitator for setting up a joint venture company namely Pria Ganga Common Effluent Treatment Plant Ltd. When the assessee has failed to fulfill the basic and primary requirements of section 80IA(4) of the Act for its claim under section 80IA of the Act, present year being the first year of claiming a deduction as its earlier claims have already been declined, we find no illegality or perversity in the impugned order passed by the Ld. CIT(A). No new facts and evidences have been brought on record by the assessee who has also not preferred to put an appearance after filing present appeal way back in May 2018. Consequently, impugned order passed by the Ld. CIT(A) is hereby upheld and appeal filed by the assessee is dismissed.
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