ACIT, MORADABAD vs. M/S. JUBILANT ORGANOSYES LTD., UTTAR PRADESH
The appeal is dismissed
ITA 4975/DEL/2012[2008-09]Status: DisposedITAT Delhi12 Mar 2019AY 2008-09
Bench: Smt Beena A. Pillai & Shri Prashant Maharishi
For Appellant: Shri R.M. Gupta, AdvFor Respondent: Shri J. K. Mishra, CIT DR
Section 115JSection 43(1)
…section 115JA (2) of Act. The assessee places reliance on following judgments wherein under similar circumstances profits from captive power generation business have been allowed to be reduced from book profits: CIT vs. DCM Sriram Consolidated Ltd. [(2014) 368 ITR 720 (SC)] Tata Iron And Steel Co. Ltd vs. The State of Bihar [1958 AIR 452] Consequently, this means that where assessee is producing something, is using produced product captively (for its own use) to produce an ultimate product and there is a transaction of sale of ultimate product and profit (if any derived from sale) embedded in final realizat…