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2014 (1) TMI 550 - ITAT HYDERABADDeduction u/s 80IA - Held that:- Following assessee's own case for A.Y. 2008-09 [2013 (7) TMI 83 - ITAT HYDERABAD] - There is no approval u/s. 10CCB of the Act for the assessee's project - In the absence of statutory approval from Ministry of Commerce, Government of India, as per the provisions of section 80IA of the Act exemption cannot be granted - Mere moving an application to the Central Government for being notified under clause (iii) of section 80IA(4) to the Secretary, DIP & P, Ministry of Commerce & Industry, New Delhi cannot confer the benefit when the 2002 scheme was not in operation and not applicable -The benefit u/s. 80IA(4)(iii) could be availed by the assessee only after the approval by the DIPP under the scheme - The assessee has not fulfilled the basic condition provided u/s. 80IA(7) of the Act as per which the assessee is required to file along with the return of income an audit report in Form No. 10CCB – Decided against assessee.
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