MANIBHADRA BIO ENERGY,PUNE vs. INCOME-TAX OFFICER, WARD - 5 (4), PUNE

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ITA 1190/PUN/2019Status: DisposedITAT Pune26 July 2022AY 2009-103 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the processing of bagasse for fuel briquettes is eligible for deduction under section 80JJA. The disallowance made by the lower authorities was found to be without merit.

What were the facts?

The assessee claimed a deduction under section 80JJA for profits derived from processing bagasse into fuel. The lower authorities denied this claim, stating that bagasse is not considered waste.

What were the issues?

Whether bagasse processed into fuel briquettes qualifies as bio-degradable waste for the purpose of section 80JJA deduction.

Which sections of the Income-tax Act were involved?

Section 80JJA

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, PUNE BENCH “SMC”, PUNE

Before: SHRI S. S. GODARA

For Respondent: Shri M. G. Jasnani
Hearing: 26.07.2022Pronounced: 26.07.2022

ORDER

PER S. S. GODARA, JM:

1.

This assessee’s appeal for assessment year 2009-10 arises against the CIT(A)-4, Pune’s order dated 04.06.2019 passed in case no.PN/CIT(A)-4/ITO, Ward-5(4), Pune/282/2011-12 involving proceedings u/s 143(3) of the Income Tax Act, 1961; in short “the Act”. Case called twice. None appears at assessee’s behest. It is accordingly proceeded ex-parte.

2.

The assessee’s sole substantive grievance raises in the instant appeal challenges correctness of both the lower authorities’ action 80JJA deduction claim of Rs.15,06,710/- thereby including that the corresponding “bagasse” is not a waste at all so as to be eligible for the same. Mr. Jasnani drew strong support therefrom in the course of hearing. 3. I have given my thoughtful consideration to the foregoing rival stands and find no merit in the Revenue’s argument. There could be hardly in dispute that the impugned section 80JJA deduction is allowable in respect of profits and gains derived from business of collecting and processing of bio-degradable waste. Hon’ble jurisdictional high court’s landmark decision in CIT vs. Padma S. Bora (2013) 355 ITR 368 (Bombay) holds in case of similar manufacturing of fuel briquettes from bagasse as admissible for section 80JJA deduction. I conclude in this factual and legal backdrop that the impugned disallowance deserves to be deleted. Ordered accordingly. 4. This assessee’s appeal is allowed in above terms. Order pronounced on this 26th day of July, 2022. Sd/- (S. S. GODARA) JUDICIAL MEMBER पुणे / Pune; �दनांक / Dated : 26th July, 2022. Sujeet (DOC)

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