The ACIT, Circle - 1, Rajahmundry vs. The Andhra Pradesh Paper Mills Ltd., Hyderabad
In the result, appeals filed by the Revenue are partly allowed and the cross objections filed by the assessee are partly allowed
ITA 6/VIZ/2014[2009-10]Status: DisposedITAT Visakhapatnam30 Oct 2019AY 2009-10
Bench: Shri V. Durga Rao, Hon’Ble & Shri D.S. Sunder Singh, Hon’Ble
For Appellant: Shri T.M. Shiv Kumar – AdvFor Respondent: Shri T.S.N. Murthy – CIT DR
Section 263Section 32
…e was, eligible for the aforementioned deduction. However, it was held that the power generation units had to be in the form of a new industrial undertaking involved in the business of generation of power. In the case of CIT versus Orient Paper Mills Ltd one, 76 ITR 110, the honourable Supreme Court of India had held on similar facts that the aforementioned deduction was allowable. 7.3 Further, the courts have held that there is no statutory requirement that the power so generated by a new industrial undertaking should be sold to an outsider in order for eligibility of deduction u/s 801A. The power produced could…