100 TT J 224 (IT AT Kolkatta) 4. West Coast Paper Mills Ltd. v. JCIT

16 SOT 509Income Tax Appellate Tribunal2007#2410 most cited

What is 100 TT J 224 (IT AT Kolkatta) 4. West Coast Paper Mills Ltd. v. JCIT authority for?

The market rate for self-generated electricity, relevant for computing deductions like Section 80IA, is the rate at which the State Electricity Board supplies power to other industrial units in the same area. This rate reflects the price at which power is available to consumers, irrespective of restrictions on the assessee's open market sales.

48

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2025.

Also referred to as

Jindal Steel & Power Limited · West Coast Paper Mills Ltd. v. JCIT · 16 SOT 509 · 100 TT J 224 · Section 80IA · Section 80IA(8) · market rate electricity · self-generated power deduction · arm's length price power · Electricity Board rates · Section 40A(2)(b) · Electricity Act 2003

Sections most often in play

Section 80IASection 80IA(8)Section 40A(2)(b)Section 92CASection 92CA(3)Section 10TASection 10TDSection 10TG

Issues it is cited on

section 32(1)(i)section 80ia(8)section 43asafe harbour rulesinitial assessment yearenhanced compensationsection 40a(2)(b)section 80hsection 40a(2)(a)deduction under section 80iasection 40a(2)safe harbour

Judgments citing 100 TT J 224 (IT AT Kolkatta) 4. West Coast Paper Mills Ltd. v. JCIT

DCIT(CC)-8(3) , MUMBAI vs. JSW ENERGY LIMITED, MUMBAI

In the result the appeals filed by the revenue for assessment\nyears under consideration stands partly allowed and cross\nappeals filed by the assessee stands dismissed

ITA 2767/MUM/2025[2018-19]Status: DisposedITAT Mumbai19 Dec 2025AY 2018-19
Section 143(3)

…h power is being supplied by the\nHaryana State Electricity Board, to each and every industrial unit\nsituated in the area, in which assessee's manufacturing unit is situated,\nis the market rate at which power is available.\"\n• Jindal Steel & Power Limited (16 SOT 509) wherein the Tribunal held\nthe following:\n\"The assessee as an industrial consumer was also buying power from\nthe Board and the Board supplied such power at the rate of Rs.3.72 per\nunit to its consumers. This was the price at which the consumers were\nable to procure the power. Had the assessee not been saddled with\nrestrictions of supplying…

DCIT(CC)-8(3), MUMBAI vs. JSW ENERGY LIMITED, MUMBAI

In the result the appeals filed by the revenue for assessment\nyears under consideration stands partly allowed and cross\nappeals filed by the assessee stands dismissed

ITA 2366/MUM/2025[2015-16]Status: DisposedITAT Mumbai19 Dec 2025AY 2015-16
Section 143(3)

…h power is being supplied by the\nHaryana State Electricity Board, to each and every industrial unit\nsituated in the area, in which assessee's manufacturing unit is situated,\nis the market rate at which power is available.\"\n• Jindal Steel & Power Limited (16 SOT 509) wherein the Tribunal held\nthe following:\n\"The assessee as an industrial consumer was also buying power from\nthe Board and the Board supplied such power at the rate of Rs.3.72 per\nunit to its consumers. This was the price at which the consumers were\nable to procure the power. Had the assessee not been saddled with\nrestrictions of supplying…

DCIT(CC)-8(3), MUMBAI vs. JSW ENERGY LIMITED, MUMBAI

In the result the appeals filed by the revenue for assessment years under consideration stands partly allowed and cross appeals filed by the assesse stands dismissed

ITA 2365/MUM/2025[2014-15]Status: DisposedITAT Mumbai19 Dec 2025AY 2014-15

Bench: Smt. Beena Pillai () & Shri Omkareshwar Chidara ()

Section 143(3)

…which power is being supplied by the Haryana State Electricity Board, to each and every industrial unit situated in the area, in which assessee's manufacturing unit is situated, is the market rate at which power is available." • Jindal Steel & Power Limited (16 SOT 509) wherein the Tribunal held the following: "The assessee as an industrial consumer was also buying power from the Board and the Board supplied such power at the rate of Rs. 3.72 per unit to its consumers. This was the price at which the consumers were able to procure the power. Had the assessee not been saddled with restrictions of supplying surpl…

JOINT COMMISSIONER OF INCOME TAX (OSD), CORPORATE CIRCLE-1, COIMBATORE, COIMBATORE vs. M/S C R I PUMPS PRIVATE LIMITED , COIMBATORE

In the result, all the three appeals filed by the Revenue are dismissed…

ITA 267/CHNY/2025[2016]Status: DisposedITAT Chennai07 May 2025

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.265/Chny/2025, Assessment Years: 2014-15 आयकर अपील सं./Ita No.266/Chny/2025, Assessment Years: 2015-16 आयकर अपील सं./Ita No.267/Chny/2025, Assessment Years: 2016-17

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri Saujanya Ranjan, IRS
Section 40A(2)(a)

…to a “Energy Wheeling Agreement” with Tamil Nadu Electricity Board for Wheeling and Banking the surplus energy. 16.0 The Ld. DR submitted that the reliance of Ld.CIT(A) upon the decision of the Hon’ble Apex Court in the case of Jindal Steel and Power Limited 16 SOT 509 was misplaced and that the relief has been wrongly given. The Ld. DR vehemently argued that the decision of Jindal Steel is not applicable to Electricity Act of 2003 which provides sale of electricity to private persons also. 17.0 The Ld. Counsel for the assessee argued that there is no change in the electricity act regulation and that the decisio…

JOINT COMMISSIONER OF INCOME TAX (OSD), CORPORATE CIRCLE-1, COIMBATORE, COIMBATORE vs. M/S C R I PUMPS PRIVATE LIMITED, COIMBATORE

In the result, all the three appeals filed by the Revenue are dismissed…

ITA 266/CHNY/2025[2015]Status: DisposedITAT Chennai07 May 2025

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.265/Chny/2025, Assessment Years: 2014-15 आयकर अपील सं./Ita No.266/Chny/2025, Assessment Years: 2015-16 आयकर अपील सं./Ita No.267/Chny/2025, Assessment Years: 2016-17

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri Saujanya Ranjan, IRS
Section 40A(2)(a)

…to a “Energy Wheeling Agreement” with Tamil Nadu Electricity Board for Wheeling and Banking the surplus energy. 16.0 The Ld. DR submitted that the reliance of Ld.CIT(A) upon the decision of the Hon’ble Apex Court in the case of Jindal Steel and Power Limited 16 SOT 509 was misplaced and that the relief has been wrongly given. The Ld. DR vehemently argued that the decision of Jindal Steel is not applicable to Electricity Act of 2003 which provides sale of electricity to private persons also. 17.0 The Ld. Counsel for the assessee argued that there is no change in the electricity act regulation and that the decisio…

JOINT COMMISSIONER OF INCOME TAX (OSD), CORPORATE CIRCLE-1, COIMBATORE, COIMBATORE vs. M/S C R I PUMPS PRIVATE LIMITED, COIMBATORE

In the result, all the three appeals filed by the Revenue are dismissed…

ITA 265/CHNY/2025[2014]Status: DisposedITAT Chennai07 May 2025

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri Amitabh Shuklaआयकर अपील सं./Ita No.265/Chny/2025, Assessment Years: 2014-15 आयकर अपील सं./Ita No.266/Chny/2025, Assessment Years: 2015-16 आयकर अपील सं./Ita No.267/Chny/2025, Assessment Years: 2016-17

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri Saujanya Ranjan, IRS
Section 40A(2)(a)

…to a “Energy Wheeling Agreement” with Tamil Nadu Electricity Board for Wheeling and Banking the surplus energy. 16.0 The Ld. DR submitted that the reliance of Ld.CIT(A) upon the decision of the Hon’ble Apex Court in the case of Jindal Steel and Power Limited 16 SOT 509 was misplaced and that the relief has been wrongly given. The Ld. DR vehemently argued that the decision of Jindal Steel is not applicable to Electricity Act of 2003 which provides sale of electricity to private persons also. 17.0 The Ld. Counsel for the assessee argued that there is no change in the electricity act regulation and that the decisio…

ACC LIMITED,MUMBAI vs. DCIT (LTU), MUMBAI

In the result, appeal filed by department is dismissed

ITA 800/MUM/2022[2013-14]Status: DisposedITAT Mumbai30 Jun 2023AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Blem/S. Acc Limited V. Dcit (Ltu) 121, Cement House, M.K. Road 29Th Floor, Center-1 Churchgate, Mumbai-400020 World Trade Centre, Cuffe Parade Mumbai - 400005 Pan: Aaact1507C (Appellant) (Respondent) Asst. Cit – 3(4) V. M/S. Acc Limited 29Th Floor, Center-1 Cement House,121, M.K. Road World Trade Centre, Cuffe Parade Churchgate, Mumbai-400020 Mumbai-400005 Pan: Aaact1507C (Appellant) (Respondent)

Section 14A

…(P) Ltd v. ACIT, Circle-1, Tirupur - 17 Taxmann 254 (AY 2007-08) Chennai ITAT. 3. Assam Carbon Products Ltd v. ACIT - 100 TT J 224 (IT AT Kolkatta) 4. West Coast Paper Mills Ltd V. JCIT -100 TTJ 833 (Mum) Mumbai ITAT 5. Addl. CIT v. Jindal Steel & Power Ltd - 16 SOT 509 (ITAT Delhi). 6. Shree Cement Ltd v. The Addl. CIT Jaipur-ITA NO.503/JP/2012 (Jaipur ITAT) 54. In any view of the matter, several decision of the Tribunal listed below have taken a view consistent with a view taken by Tribunal in assessee's own case for A Y 2006-07. In the circumstances, except in the case of Calcutta High Court in M/s. ITC Ltd, t…

ASST. COMMISSIONER OF INCOME TAX-3(4), MUMBAI-400005 vs. M/S. ACC LIMITED, MUMBAI-400020

In the result, appeal filed by department is dismissed

ITA 1171/MUM/2022[2013-14]Status: DisposedITAT Mumbai30 Jun 2023AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Blem/S. Acc Limited V. Dcit (Ltu) 121, Cement House, M.K. Road 29Th Floor, Center-1 Churchgate, Mumbai-400020 World Trade Centre, Cuffe Parade Mumbai - 400005 Pan: Aaact1507C (Appellant) (Respondent) Asst. Cit – 3(4) V. M/S. Acc Limited 29Th Floor, Center-1 Cement House,121, M.K. Road World Trade Centre, Cuffe Parade Churchgate, Mumbai-400020 Mumbai-400005 Pan: Aaact1507C (Appellant) (Respondent)

Section 14A

…(P) Ltd v. ACIT, Circle-1, Tirupur - 17 Taxmann 254 (AY 2007-08) Chennai ITAT. 3. Assam Carbon Products Ltd v. ACIT - 100 TT J 224 (IT AT Kolkatta) 4. West Coast Paper Mills Ltd V. JCIT -100 TTJ 833 (Mum) Mumbai ITAT 5. Addl. CIT v. Jindal Steel & Power Ltd - 16 SOT 509 (ITAT Delhi). 6. Shree Cement Ltd v. The Addl. CIT Jaipur-ITA NO.503/JP/2012 (Jaipur ITAT) 54. In any view of the matter, several decision of the Tribunal listed below have taken a view consistent with a view taken by Tribunal in assessee's own case for A Y 2006-07. In the circumstances, except in the case of Calcutta High Court in M/s. ITC Ltd, t…

ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-1(1), RAIPUR vs. M/S ANIMESH ISPAT PRIVATE LIMITED, RAIPUR

ITA 14/RPR/2021[2016-17]Status: DisposedITAT Raipur28 Apr 2023AY 2016-17

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita No. 14/Rpr/2021 "नधा"रण वष" / Assessment Year : 2016-17 The Acit-1(1) 1St Floor, Aaykar Bhawan Civil Lines, Raipur(C.G.)-492001 .......अपीलाथ" / Appellant बनाम / V/S. M/S. Animesh Ispat Private Limited Block-A, 2Nd Floor Maruti Business Park, G.E.Road Raipur (C.G.)-492001 Pan : Aaeca9084F ……""यथ" / Respondent

For Appellant: Shri Amit Jain, AdvocateFor Respondent: Smt. Ila.M.Parmar, CIT-DR
Section 143(2)Section 143(3)Section 40A(2)(b)Section 92C

…nit and 9 has accordingly inflated the deduction u/s 80IA by a sum of Rs.3.63 per unit. We find the Id. CIT (A) following various decisions including the decision of the Delhi Bench of the Tribunal in the case ofJindal Steel & Power Limited reported in (2007) 16 SOT 509 decisions of the Mumbai Bench of the Tribunal in the case of D.C.W Ltd. Vs. Addl. CIT(A) vide ITA Nos. 5560 & 5569/Mum/2008 deleted the addition made by the Assessing Officer . We do not find any infirmity in the order of the Ld. CIT(A) on this issue. 60. We find the Delhi Bench of the Tribunal in the case of Jindal Steel & Power Limited: (supra)…

ASSTT. COMM. OF INCOME TAX 6(1)(1) , MUMBAI vs. M/S CENTURY TEXTILES & INDUSTRIES LTD , MUMBAI

In the result, the appeal filed by the revenue is dismissed

ITA 2647/MUM/2022[2012-13]Status: DisposedITAT Mumbai27 Mar 2023AY 2012-13

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadaleacit, 6(1)(1) Vs. M/S Century Textiles Room No. 502, 5Th & Industrials Ltd Floor, Aayakar Bhavan, 2Nd Floor, Century Mk Road, Bhavan, Dr. Annie Mumbai-400020. Beasant Road, Worli, Mumbai – 400030. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc2659Q Appellant .. Respondent Appellant By : Mr.Jogendra Singh.Dr Respondent By : Mr. Chaitanya D. Joshi.Ar Date Of Hearing 31.01.2023 Date Of Pronouncement 24.02.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi / Cit(A), Passed U/S 250 Of The Act.

For Appellant: Mr.Jogendra Singh.DRFor Respondent: Mr. Chaitanya D. Joshi.AR
Section 10(34)Section 10(35)Section 115JSection 143(1)Section 143(2)Section 14ASection 250Section 80I

…rily fetch in the open market. It will be observed from the foregoing explanation that the market value means the price that such goods or services would ordinarily fetch in the open market. It has been held in the case of ACIT v. Jindal Steel and Power Ltd. (16 SOT 509) by the Hon'ble Delhi Tribunal that the price at which the State purchases the electricity is subject to many statutory restrictions and, therefore, cannot be held as market value. The tribunal has held that the price at which the assessee purchases its power from the State Electricity Board shall be considered as "market value" for the purposes o…

DCIT(LTU) - 1, MUMBAI vs. ACC LTD., MUMBAI

In the result, appeal filed by assessee is partly allowed and appeal filed by the revenue is dismissed

ITA 3178/MUM/2019[2011-12]Status: DisposedITAT Mumbai28 Feb 2023AY 2011-12

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 14Section 143(3)Section 14A

…fits of the business of generation of power even after the order MERC. In this case, the assessee, other than using power generated from its own captive generating units, was also purchasing power from TPC. In the case of Jindal Steel & Power Ltd. reported in 16 SOT 509 (Del), Hon 'ble Tribunal has held as follows "Sec: 43A of the Electricity (Supply)Act,1948, lays down rules and conditions for determining the tariff for sale of electricity by a generating company to the State Electricity Boards. A perusal of the same reveals that the tariff is determined on the basis of various parameters contained therein: From…

ACC LTD.,MUMBAI vs. ADDL CIT(LTU) , MUMBAI

In the result, appeal filed by assessee is partly allowed and appeal filed by the revenue is dismissed

ITA 3139/MUM/2019[2011-12]Status: DisposedITAT Mumbai28 Feb 2023AY 2011-12

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Ble

Section 14Section 143(3)Section 14A

…fits of the business of generation of power even after the order MERC. In this case, the assessee, other than using power generated from its own captive generating units, was also purchasing power from TPC. In the case of Jindal Steel & Power Ltd. reported in 16 SOT 509 (Del), Hon 'ble Tribunal has held as follows "Sec: 43A of the Electricity (Supply)Act,1948, lays down rules and conditions for determining the tariff for sale of electricity by a generating company to the State Electricity Boards. A perusal of the same reveals that the tariff is determined on the basis of various parameters contained therein: From…

DCIT(LTU) - 1, MUMBAI vs. ACC LTD., MUMBAI

In the result, appeal filed by assessee is partly allowed

ITA 3246/MUM/2018[2012-13]Status: DisposedITAT Mumbai28 Feb 2023AY 2012-13

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Ltd., V. Dcit – Range – 1(1) Mumbai {Formerly Known As The Associated Cement Companies, Ltd.,} Cement House, 121 M.K. Road, Churchgate Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent) Dcit (Ltu)-1 V. M/S. Acc Ltd., 29Th Floor, Centre No.1 Cement House, 121 World Trade Centre, Cuffe Parade M.K. Road, Churchgate Mumbai - 400005 Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent)

Section 143(3)Section 14A

…fits of the business of generation of power even after the order MERC. In this case, the assessee, other than using power generated from its own captive generating units, was also purchasing power from TPC. In the case of Jindal Steel & Power Ltd. reported in 16 SOT 509 (Del), Hon 'ble Tribunal has held as follows 50 ITA NO.3203 & 3246/MUM/2018 (A.Y: 2012-13) M/s. ACC Limited "Sec: 43A of the Electricity (Supply)Act,1948, lays down rules and conditions for determining the tariff for sale of electricity by a generating company to the State Electricity Boards. A perusal of the same reveals that the tariff is deter…

ACC LIMITED (FORMERLY KNOWN AS THE ASSOCIATED CEMENT COMPANIES LTD.),MUMBAI vs. ADDLL. CIT ,RG. 1(1), MUMBAI

In the result, appeal filed by assessee is partly allowed

ITA 3203/MUM/2018[2012-13]Status: DisposedITAT Mumbai28 Feb 2023AY 2012-13

Bench: Shri S. Rifaur Rahman, Hon'Ble & Shri Sandeep Singh Karhail, Hon'Blem/S. Acc Ltd., V. Dcit – Range – 1(1) Mumbai {Formerly Known As The Associated Cement Companies, Ltd.,} Cement House, 121 M.K. Road, Churchgate Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent) Dcit (Ltu)-1 V. M/S. Acc Ltd., 29Th Floor, Centre No.1 Cement House, 121 World Trade Centre, Cuffe Parade M.K. Road, Churchgate Mumbai - 400005 Mumbai - 400020 Pan: Aaact1507C (Appellant) (Respondent)

Section 143(3)Section 14A

…fits of the business of generation of power even after the order MERC. In this case, the assessee, other than using power generated from its own captive generating units, was also purchasing power from TPC. In the case of Jindal Steel & Power Ltd. reported in 16 SOT 509 (Del), Hon 'ble Tribunal has held as follows 50 ITA NO.3203 & 3246/MUM/2018 (A.Y: 2012-13) M/s. ACC Limited "Sec: 43A of the Electricity (Supply)Act,1948, lays down rules and conditions for determining the tariff for sale of electricity by a generating company to the State Electricity Boards. A perusal of the same reveals that the tariff is deter…

CENTURY TEXTILES AND INDUSTRIES LIMITED,MUMBAI vs. ASST. COMMISSIONER OF INCOME TAX – 6(2)(1), MUMBAI, MUMBAI

Accordingly, the grounds raised by the Assessee are allowed

ITA 2085/MUM/2022[2009-2010]Status: DisposedITAT Mumbai13 Dec 2022AY 2009-2010
Section 80Section 801ASection 80I

…electricity to similar types of consumers at the market value. The assessee also relied upon the cases i.e Principal CIT Vs. Gujarat Alkalies & Chemicals Ltd. (395 ITR 247), West Coast Paper Mills Vs. Jt. CIT(100 TTJ 833), ACIT VS. Jindal Steel & Power Ltd. (16 SOT 509) & CIT Vs. Godawari Power & Ispat Ltd., 42 Taxmann.com 551. However, on the other hand, the Ld. Representative of the Department has refuted the said contentions. Taking into account, facts and circumstances of the case, we noticed that the issue in question has duly been covered by the assessee's own case for the A.Y. 2006-07 decided by Hon'ble I…

ASST COMM OF INCOME TAX -6(1) (1), MUMBAI vs. CENTURY TEXTILES AND INDUSTRIES LTD, MUMBAI

Accordingly, the grounds raised by the Assessee are allowed

ITA 1967/MUM/2022[2011-12]Status: DisposedITAT Mumbai13 Dec 2022AY 2011-12
Section 80Section 801ASection 80I

…electricity to similar types of consumers at the market value. The assessee also relied upon the cases i.e Principal CIT Vs. Gujarat Alkalies & Chemicals Ltd. (395 ITR 247), West Coast Paper Mills Vs. Jt. CIT(100 TTJ 833), ACIT VS. Jindal Steel & Power Ltd. (16 SOT 509) & CIT Vs. Godawari Power & Ispat Ltd., 42 Taxmann.com 551. However, on the other hand, the Ld. Representative of the Department has refuted the said contentions. Taking into account, facts and circumstances of the case, we noticed that the issue in question has duly been covered by the assessee's own case for the A.Y. 2006-07 decided by Hon'ble I…

ASSTT COMM OF INCOME TAX 6(1) (1) , MUMBAI vs. CENTURY TEXTILES & INDUSTRIES LTD, MUMBAI

In the result, the appeal of the Revenue stands dismissed

ITA 1886/MUM/2022[2010-11]Status: DisposedITAT Mumbai29 Nov 2022AY 2010-11

Bench: Shri Aby T Varkey, Jm & Shri S Rifaur Rahman, Am आयकरअपीलसं/ I.T.A. No.1886 /Mum/2022 (निर्धारणवर्ा / Assessment Year: 2010-11) Asst. Commissioner Of Income Tax बिधम/ Century Textiles & Industries Ltd 6(1)(1) Vs. 2Nd Floor, Century Bhavan, Room No. 504, Aaykar Bhavan, Dr Annie Besant Road, M.K.Road, Churchgate, Worli, Mumbai- 400030 Mumbai- 400020 स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. : Aaacc2659Q (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri. Yogesh Thar Revenue By: Shri. Asif Karmani, Sr Ar सुनवाईकीतारीख / Date Of Hearing: 26/10/2022 घोषणाकीतारीख /Date Of Pronouncement: 29/11/2022 आदेश / O R D E R Per Aby T. Varkey, Jm:

For Appellant: Shri. Yogesh TharFor Respondent: Shri. Asif Karmani, Sr AR
Section 263Section 80Section 801ASection 80I

…electricity to similar types of consumers at the market value. The assessee also relied upon the cases i.e. Principle CIT Vs. Gujarat Alkalies & Chemicals Ltd. (395 ITR 247). West Coast Paper Mills Vs. Jt. CIT(100 TTJ 833). ACIT Vs. Jindal Steel & Power Ltd. (16 SOT 509) & CIT Vs. Godawari Power & Ispat Ltd., 42 Taxmann.com 551. However, on the other hand, the Ld. Representative of the Department has refuted the said contentions. Taking into account, facts and circumstances of the case, we noticed that the issue in question has duly been covered by the assessee's own case for the A.Y. 2006-07 decided by Hon'ble I…

DCIT, CIRCLE- 17(2), NEW DELHI vs. NALWA STEEL AND POWER LTD., NEW DELHI

In the result, ITA No. 5548/Del/2017 of the Revenue is dismissed

ITA 5548/DEL/2017[2011-12]Status: DisposedITAT Delhi18 May 2022AY 2011-12

Bench: Dr. Brr Kumar & Shri Yogesh Kumar U.S.Assessment Year: 2011-12

Section 115JSection 32(1)Section 32(1)(iia)Section 80I

…unit and has accordingly inflated the deduction u/s 80IA by a sum of Rs.3.63 per unit. We find the Id. CIT(A) following various decisions including the decision of the Delhi Bench of the Tribunal in the case of Jindal Steel & Power Limited reported in (2007) 16 SOT 509 decisions of the Mumbai Bench of the Tribunal in the case of D.C.W Ltd. Vs. Addl. CIT(A) vide ITA Nos. 5560 & 5569/Mum/2008 deleted the addition made by the Assessing Officer . We do not find any infirmity in the order of the Ld.CIT(A) on this issue.” 10. Similar views have also been taken in the previous years of the assessee’s own case by follo…

NALWA STEEL POWER LIMITED,NEW DELHI vs. ACIT, CIRCLE- 13(3), NEW DELHI

In the result, ITA No. 5548/Del/2017 of the Revenue is dismissed

ITA 4941/DEL/2017[2011-12]Status: DisposedITAT Delhi18 May 2022AY 2011-12

Bench: Dr. Brr Kumar & Shri Yogesh Kumar U.S.Assessment Year: 2011-12

Section 115JSection 32(1)Section 32(1)(iia)Section 80I

…unit and has accordingly inflated the deduction u/s 80IA by a sum of Rs.3.63 per unit. We find the Id. CIT(A) following various decisions including the decision of the Delhi Bench of the Tribunal in the case of Jindal Steel & Power Limited reported in (2007) 16 SOT 509 decisions of the Mumbai Bench of the Tribunal in the case of D.C.W Ltd. Vs. Addl. CIT(A) vide ITA Nos. 5560 & 5569/Mum/2008 deleted the addition made by the Assessing Officer . We do not find any infirmity in the order of the Ld.CIT(A) on this issue.” 10. Similar views have also been taken in the previous years of the assessee’s own case by follo…

JINDAL STEEL & POWER LTD.,NEW DELHI vs. ADDL. CIT, HARYANA

In the result, the appeal filed by the Revenue for the Assessment Year 2008-09 is dismissed

ITA 4185/DEL/2011[2008-09]Status: DisposedITAT Delhi01 Dec 2021AY 2008-09

Bench: Shri Amit Shukla & Dr. B.R.R. Kumar(Through Video Conferencing)

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Date of Hearing
Section 115JSection 143(3)Section 234BSection 80H

…IN THE INCOME TAX APPELLATE TRIBUNAL [ DELHI BENCH “D”: NEW DELHI ] BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND DR. B.R.R. KUMAR, ACCOUNTANT MEMBER (Through Video Conferencing) ITA. No. 167/Del/2009 ITA. No. 413/Del/2010 AND ITA. Nos. 2280 & 4185/Del/2011. (Assessment Years: 2003-04, 2006-07, 2007-08 & 2008-09) M/s. Jindal Steel & Power Addl. CIT, Limited, Jindal Centre, Vs. Hisar Range, 12–BhikajiCama Place, Hisar, Haryana. New Delhi – 110 066. PAN: AAACJ7097D A N D ITA. No. 220/Del/2009 ITA. No. 341/Del/2010 AND ITA. Nos. 2230 & 4067/Del/2011. (Assessment Years: 2003-04, 2006-07, 2007-08 & 2008-09) ACIT, M/…

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