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2020 (4) TMI 302 - HC - Income TaxDeduction u/s 80IA - Disallowance of Project Facilities Expenses - Whether disallowance of expenditure would increase profit derived from industrial undertaking and as the AO has not disputed eligibility of such deduction under section 80IA ? - HELD THAT:- As emerging from the record, it is evident that the sole ground on which the AO has sought to disallow the expenditure is that, such expenses were incurred in the previous year and not in the current year. It is an admitted position that the assessee was entitled to deduction under section 80IA of the Act. The consequence of disallowance of expenditure by the Assessing Officer is that the eligible income under section 80IA of the Act would get enhanced and the assessee would be entitled to deduction thereof under section 80IA of the Act. The Tribunal was, therefore, justified in coming to the conclusion that the issue was tax neutral and upholding the order passed by the Commissioner (Appeals). It not possible to state that the impugned order passed by the Tribunal suffers from any legal infirmity so as to give rise to question of law, much less, a substantial question of law warranting interference.
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