Assessee claimed exemption u/s 10(23G). AO held that the assessee was not entitled for exemption. CIT(A) by referring to S.80(IA(4) held that the companies in which assessee made investments were not eligible for business. Tribunal held that S. 80(IA)(4) applies only to enterprises carrying on business of developing, operating and maintaining or developing or maintaining infrastructure facility where as when assessee had made investments in companies which were not generating or producing electricity and were only distributing electricity, it was not eligible for exemption as provided u/s 10(23G of the Act. (AY. 2003-04 to 2007-08)
Cholamandalam Ms General Insurance Company Ltd v. ACIT . (2018) 170 DTR 22 / 195 TTJ 166 (Chennai)(Trib.)
S. 10(23G) : Infrastructure undertaking-Certain incomes of Infrastructure Capital Funds or Infrastructure Capital Companies-Investment in distribution of electricity and not generation of electricity Not entitle exemption. [S. 80IA(4)]