M/s Tamilnadu Petro Products Ltd. v. ACIT

338 ITR 643High Court2011#2051 most cited

What is M/s Tamilnadu Petro Products Ltd. v. ACIT authority for?

For the purpose of Section 80IA relief, the sale of power is not a criterion for granting relief. Captive consumption of power must be valued at market price, and classification of units as saleable or non-saleable is irrelevant for determining the Arm's Length Price (ALP).

56

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2014 to 2025.

Also referred to as

Tamilnadu Petro Products Ltd. v. ACIT · 338 ITR 643 · Section 80IA · eligible business · deduction u/s 80IA · captive consumption · market price · Arm's Length Price · sale criteria

Sections most often in play

Section 14ASection 143(3)Section 144BSection 144C(13)Section 153(1)Section 153(4)Section 270ASection 288

Issues it is cited on

section 62section 80ia(8)section 43aspecified domestic transactiondeduction u/s 80iaeligible businessdisallowance of interest expendituresection 21section 40a(2)cup methodsection 80iabook profits

Judgments citing M/s Tamilnadu Petro Products Ltd. v. ACIT

Acc Ltd., Mumbai vs. DCIT(Ltu) - 1, Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 3136/MUM/2019[2009-10]Status: DisposedITAT Mumbai28 Feb 2023AY 2009-10

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

Section 143(3)Section 147Section 148Section 151Section 55A

…sessee are allowed." 40. The judgment of the Hon'ble Bombay High Court in the case of M/s. Ultra Tech Cement Ltd in ITA No.6070 of 2010 has confirmed the order of the ITAT. The Hon'ble Madras High Court in the case of M/s Tamilnadu Petro Products Ltd. Vs ACIT 338 ITR 643 allowed deduction u/s 80IA of the Act where the facility was one of captive consumption. Thus even if the facility was for captive use, deduction u/s 80IA(4) cannot be denied. Thus applying the proposition of law laid down in all these case laws, in the facts of the case we hold that, on merits the assessee is entitled to claim deduction u/s 80IA…

Acc Ltd., Mumbai vs. DCIT(Ltu) - 1, Mumbai

In the result, appeal filed by assessee is partly allowed

ITA 3135/MUM/2019[2009-10]Status: DisposedITAT Mumbai28 Feb 2023AY 2009-10

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

Section 143(3)Section 147Section 148Section 151Section 55A

…sessee are allowed." 40. The judgment of the Hon'ble Bombay High Court in the case of M/s. Ultra Tech Cement Ltd in ITA No.6070 of 2010 has confirmed the order of the ITAT. The Hon'ble Madras High Court in the case of M/s Tamilnadu Petro Products Ltd. Vs ACIT 338 ITR 643 allowed deduction u/s 80IA of the Act where the facility was one of captive consumption. Thus even if the facility was for captive use, deduction u/s 80IA(4) cannot be denied. Thus applying the proposition of law laid down in all these case laws, in the facts of the case we hold that, on merits the assessee is entitled to claim deduction u/s 80IA…

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

…sessee are allowed." 40. The judgment of the Hon'ble Bombay High Court in the case of M/s. Ultra Tech Cement Ltd in ITA No.6070 of 2010 has confirmed the order of the ITAT. The Hon'ble Madras High Court in the case of M/s Tamilnadu Petro Products Ltd. Vs ACIT 338 ITR 643 allowed deduction u/s 80IA of the Act where the facility was one of captive consumption. Thus even if the facility was for captive use, deduction u/s 80IA(4) cannot be denied. Thus applying the proposition of law laid down in all these case laws, in the facts of the case we hold that, on merits the assessee is entitled to claim deduction u/s 80IA…

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

…sessee are allowed." 40. The judgment of the Hon'ble Bombay High Court in the case of M/s. Ultra Tech Cement Ltd in ITA No.6070 of 2010 has confirmed the order of the ITAT. The Hon'ble Madras High Court in the case of M/s Tamilnadu Petro Products Ltd. Vs ACIT 338 ITR 643 allowed deduction u/s 80IA of the Act where the facility was one of captive consumption. Thus even if the facility was for captive use, deduction u/s 80IA(4) cannot be denied. Thus applying the proposition of law laid down in all these case laws, in the facts of the case we hold that, on merits the assessee is entitled to claim deduction u/s 80IA…

The DCIT, Circle-1(1)(1), Vadodara vs. M/S. Alembic Ltd., Vadodara

In the result, appeal of the Revenue is hereby dismissed

ITA 560/AHD/2020[2013-14]Status: DisposedITAT Ahmedabad03 Jun 2022AY 2013-14

Bench: Smt.Annapurna Gupta & T.R. Senthil Kumarassessment Year : 2013-14 Dict, Cir.1(1)(1) Ms.Alembic Ltd. Vadodara. Vs Alembic Road Vadodara-3. Pan : Aabca 7950 P

For Respondent: Shri Mohd Usman, CIT-DR
Section 14ASection 80I

…) are concerned, for the detailed reasons given in Tax Appeal No. 471 of 2009 in ground (C) and (D) where after considering the decisions of the Madras High Court in the case of Tamilnadu Petro Products Ltd. v. Assistant Commissioner of Income-tax reported in 338 ITR 643 and Commissioner of Income-tax v. Cethar Ltd., reported in 228 Taxman 139 (Madras) (Mag.) and other decisions cited by learned counsel for the assessee, we have held the issues in favour of the assessee, the issues in the present appeal require to be answered in favour of the assessee and against the revenue. In that view of the matter, we answer…

Larsen & Toubro Ltd, Mumbai vs. DCIT 2(2), Mumbai

In the result, appeals filed by the assessee are partly allowed and the appeals filed by the Revenue are dismissed

ITA 6908/MUM/2012[2001-02]Status: DisposedITAT Mumbai29 Apr 2022AY 2001-02

Bench: Shri S.Rifaur Rahman () & Shri Amarjit Singh ()

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “A”, MUMBAI BEFORE SHRI S.RIFAUR RAHMAN (ACCOUNTANT MEMBER) AND SHRI AMARJIT SINGH (JUDICIAL MEMBER) I.T.A No.6908/Mum/2012 - A.Y. 2001-02 I.T.A No.2117/Mum/2013 - A.Y. 2002-03 Larsen & Toubro Limited vs Deputy Commissioner of Income- Taxation Department, L&T tax, Range-2(2), Mumbai House N.M. Marg, Ballard Estate Mumbai-400 001 PAN : AAACL0140P APPELLANT RESPONDENT I.T.A No.6878 /Mum/2012 - A.Y. 2001-02 I.T.A No.2284/Mum/2013 - A.Y. 2002-03 Deputy Commissioner of vs Larsen & Toubro Limited Income-tax, Range-2(2), Taxation Department, L&T House Mumbai N.M. Mar…

Paushak Limited, Baroda vs. ACIT, Cir-2(1)(2), Vadodara

Appeal of the assessee is partly allowed for statistical purpose

ITA 436/AHD/2018[2014-15]Status: DisposedITAT Ahmedabad23 Mar 2022AY 2014-15

Bench: Shri P.M. Jagtap & Ms. Suchitra Kamble

For Appellant: Shri S.N. Soparkar, Sr. Advocate &For Respondent: Shri S.S. Shukla, Sr. D.R
Section 115JSection 129Section 142(1)Section 143(2)Section 2Section 80Section 80I

…C) * Textile Machinery Corporation Ltd. vs. CIT (1977) 107 ITR 195 (SC) * Gujarat Alkalies & Chemicals Ltd. vs. CIT (2013) 350 ITR 94 (Guj. HC) * CIT vs. Gedore Tools India (P.) Ltd. (1980) 126 ITR 673 (Del. HC) * Tamilnadu Petro Products Ltd. vs. ACIT (2011) 338 ITR 643 (Mad. HC) * CIT vs. Ahmedabad Mfg. & Calico Printing Co. Ltd.(1986) 162 ITR 760 (Gujarat High Court) * CIT vs. Cethar Ltd. (2014) 51 taxmann.com 183 (Mad. HC) * CIT vs. Alembic Ltd. (Tax Appeal No. 1249 of 2014 order dated 20.07.2016 Gujarat High Court) Thus, the ld. A.R. submitted that the appeal of the assessee be allowed and the Assessment Ord…

DCIT, Moradabad vs. Sh. Jubilant Life Sciences Ltd., Uttar Pradesh

In the result, the appeal is partly allowed

ITA 6196/DEL/2014[2010-11]Status: DisposedITAT Delhi28 Feb 2022AY 2010-11

Bench: Shri Saktijit Dey & Dr. B.R.R. Kumarassessment Year: 2009-10

…& 6196/Del/2014 (M/s. Jubilant Life Sciences Ltd.) cases, profits have to be computed in manner stipulated in sub-sections (10) and (8) to Section 80-IA. 13. Madras High Court in Tamilnadu Petro Products Ltd. Vs. Assistant Commissioner of Income Tax, [2011] 338 ITR 643, had an occasion to deal with Section 80 IA in a case where assessee had a electricity generation unit, which was supplying electricity to same assessee and not to third parties, observing that profits from captive consumption would be eligible, Division Bench in paragraph 4 referred to an earlier decision of same Court dated 7th June, 2010 in Ta…

DCIT, Moradabad vs. M/S. Jubilant Organosyes Ltd., Uttar Pradesh

In the result, the appeal is partly allowed

ITA 4827/DEL/2014[2009-10]Status: DisposedITAT Delhi28 Feb 2022AY 2009-10

Bench: Shri Saktijit Dey & Dr. B.R.R. Kumarassessment Year: 2009-10

…& 6196/Del/2014 (M/s. Jubilant Life Sciences Ltd.) cases, profits have to be computed in manner stipulated in sub-sections (10) and (8) to Section 80-IA. 13. Madras High Court in Tamilnadu Petro Products Ltd. Vs. Assistant Commissioner of Income Tax, [2011] 338 ITR 643, had an occasion to deal with Section 80 IA in a case where assessee had a electricity generation unit, which was supplying electricity to same assessee and not to third parties, observing that profits from captive consumption would be eligible, Division Bench in paragraph 4 referred to an earlier decision of same Court dated 7th June, 2010 in Ta…

M/S. Jubilant Life Sciences Limited, Noida vs. Addl.CIT, Moradabad

In the result, the appeal is partly allowed

ITA 4638/DEL/2014[2010-11]Status: DisposedITAT Delhi28 Feb 2022AY 2010-11

Bench: Shri Saktijit Dey & Dr. B.R.R. Kumarassessment Year: 2009-10

…& 6196/Del/2014 (M/s. Jubilant Life Sciences Ltd.) cases, profits have to be computed in manner stipulated in sub-sections (10) and (8) to Section 80-IA. 13. Madras High Court in Tamilnadu Petro Products Ltd. Vs. Assistant Commissioner of Income Tax, [2011] 338 ITR 643, had an occasion to deal with Section 80 IA in a case where assessee had a electricity generation unit, which was supplying electricity to same assessee and not to third parties, observing that profits from captive consumption would be eligible, Division Bench in paragraph 4 referred to an earlier decision of same Court dated 7th June, 2010 in Ta…

M/S. Jubilant Life Sciences Limited, Noida vs. Addl.CIT, Moradabad

In the result, the appeal is partly allowed

ITA 4637/DEL/2014[2009-10]Status: DisposedITAT Delhi28 Feb 2022AY 2009-10

Bench: Shri Saktijit Dey & Dr. B.R.R. Kumarassessment Year: 2009-10

…& 6196/Del/2014 (M/s. Jubilant Life Sciences Ltd.) cases, profits have to be computed in manner stipulated in sub-sections (10) and (8) to Section 80-IA. 13. Madras High Court in Tamilnadu Petro Products Ltd. Vs. Assistant Commissioner of Income Tax, [2011] 338 ITR 643, had an occasion to deal with Section 80 IA in a case where assessee had a electricity generation unit, which was supplying electricity to same assessee and not to third parties, observing that profits from captive consumption would be eligible, Division Bench in paragraph 4 referred to an earlier decision of same Court dated 7th June, 2010 in Ta…

Larsen & Toubro Ltd, Mumbai vs. Addl CIT RG 2(2), Mumbai

In the result the appeal of the assessee is partly allowed and that of the revenue is dismissed

ITA 3076/MUM/2012[2000-01]Status: DisposedITAT Mumbai29 Oct 2020AY 2000-01
For Appellant: Shri J.D. Mistry, ARFor Respondent: Shri Rajiv Harit CIT, DR
Section 115Section 115JSection 14ASection 37Section 40A(9)Section 42Section 80Section 80HSection 80I

…IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, MUMBAI BEFORESHRI RAJESH KUMAR, ACCOUNTANT MEMBER & SHRI RAMLAL NEGI, JUDICIAL MEMBER Sl. ITA No. A.Y Appellant Respondent No. 1 3076/Mum/2012 2000-01 M/s Larsen ACIT, &Tourbro Ltd., Range 2(2) Taxation Rm No. 577, 5th Department, L&T Floor, House, N.M. Marg, AayakarBhgavan, Bal; lard estate MK Marg, Mumbai. 2 3573/Mum/2012 2000-01 M/s Larsen ACIT, &Tourbro Ltd., Range 2(2) Taxation Rm No. 577, 5th Department, L&T Floor, House, N.M. Marg, AayakarBhgavan, Bal; lard estate MK Marg, Mumbai. "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAACL0104P अपीलाथ" ओर से/ Appellant…

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

…IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO, HON’BLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON’BLE ACCOUNTANT MEMBER ITA Nos. 04 to 06/VIZ/2014 (Asst. Year : 2007-08 to 2009-10) ACIT, Circle-1, vs. International Paper APPM Rajahmundry. Ltd. (Formerly known as The Andhra Pradesh Paper Mills Ltd.), Krishe Sapphire Building, 8th Floor, 1-89/3/ B40 to 42/KS/801, Hi-Tech City Main Road, Madhapur, Hyderabad. PAN No. AAACT 8849 D (Appellant) (Respondent) C.O.Nos. 13 to 15/VIZ/2016 (Arising out of ITA Nos. 04 to 06/VIZ/2014) (Asst. Year : 2007-08 to 2009-10) Th…

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 5/VIZ/2014[2008-09]Status: DisposedITAT Visakhapatnam30 Oct 2019AY 2008-09

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

…IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO, HON’BLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON’BLE ACCOUNTANT MEMBER ITA Nos. 04 to 06/VIZ/2014 (Asst. Year : 2007-08 to 2009-10) ACIT, Circle-1, vs. International Paper APPM Rajahmundry. Ltd. (Formerly known as The Andhra Pradesh Paper Mills Ltd.), Krishe Sapphire Building, 8th Floor, 1-89/3/ B40 to 42/KS/801, Hi-Tech City Main Road, Madhapur, Hyderabad. PAN No. AAACT 8849 D (Appellant) (Respondent) C.O.Nos. 13 to 15/VIZ/2016 (Arising out of ITA Nos. 04 to 06/VIZ/2014) (Asst. Year : 2007-08 to 2009-10) Th…

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 4/VIZ/2014[2007-08]Status: DisposedITAT Visakhapatnam30 Oct 2019AY 2007-08

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

…IN THE INCOME TAX APPELLATE TRIBUNAL VISAKHAPATNAM BENCH, VISAKHAPATNAM BEFORE SHRI V. DURGA RAO, HON’BLE JUDICIAL MEMBER & SHRI D.S. SUNDER SINGH, HON’BLE ACCOUNTANT MEMBER ITA Nos. 04 to 06/VIZ/2014 (Asst. Year : 2007-08 to 2009-10) ACIT, Circle-1, vs. International Paper APPM Rajahmundry. Ltd. (Formerly known as The Andhra Pradesh Paper Mills Ltd.), Krishe Sapphire Building, 8th Floor, 1-89/3/ B40 to 42/KS/801, Hi-Tech City Main Road, Madhapur, Hyderabad. PAN No. AAACT 8849 D (Appellant) (Respondent) C.O.Nos. 13 to 15/VIZ/2016 (Arising out of ITA Nos. 04 to 06/VIZ/2014) (Asst. Year : 2007-08 to 2009-10) Th…

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)

…to a related party or to same assessee, but in such cases, profits have to be computed in manner stipulated in sub-sections (10) and (8) to Section 80-IA. 13. Madras High Court in Tamilnadu Petro Products Ltd. Vs. Assistant Commissioner of Income Tax, [2011] 338 ITR 643, had an occasion to deal with Section 80 IA in a case where assessee had a electricity generation unit, which was supplying electricity to same assessee and not to third parties, observing that profits from captive consumption would be eligible, Division Bench in paragraph 4 referred to an earlier decision of same Court dated 7th June, 2010 in Ta…

ACIT, Moradabad vs. M/S Jubliant Organosys Ltd., Uttar Pradesh

The appeal is dismissed

ITA 2596/DEL/2011[2007-08]Status: DisposedITAT Delhi12 Mar 2019AY 2007-08

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)

…to a related party or to same assessee, but in such cases, profits have to be computed in manner stipulated in sub-sections (10) and (8) to Section 80-IA. 13. Madras High Court in Tamilnadu Petro Products Ltd. Vs. Assistant Commissioner of Income Tax, [2011] 338 ITR 643, had an occasion to deal with Section 80 IA in a case where assessee had a electricity generation unit, which was supplying electricity to same assessee and not to third parties, observing that profits from captive consumption would be eligible, Division Bench in paragraph 4 referred to an earlier decision of same Court dated 7th June, 2010 in Ta…

Jubilant Organosys Ltd., Noida vs. Addl. CIT, Moradabad

The appeal is dismissed

ITA 2497/DEL/2011[2007-08]Status: DisposedITAT Delhi12 Mar 2019AY 2007-08

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)

…to a related party or to same assessee, but in such cases, profits have to be computed in manner stipulated in sub-sections (10) and (8) to Section 80-IA. 13. Madras High Court in Tamilnadu Petro Products Ltd. Vs. Assistant Commissioner of Income Tax, [2011] 338 ITR 643, had an occasion to deal with Section 80 IA in a case where assessee had a electricity generation unit, which was supplying electricity to same assessee and not to third parties, observing that profits from captive consumption would be eligible, Division Bench in paragraph 4 referred to an earlier decision of same Court dated 7th June, 2010 in Ta…

Saf Yeast Company P.Ltd, Mumbai vs. Asst CIT Cen Cir 40, Mumbai

In the result the appeal of the assessee for AY 2009-10 is partly allowed

ITA 1875/MUM/2014[2009-10]Status: DisposedITAT Mumbai16 May 2018AY 2009-10

Bench: Shri B.R. Baskaran (Am)& Shri Pawan Singh (Jm)

Section 80I

…the generation of power, the ITAT has held that generation of power for captive consumption makes the assessee entitled to claim a deduction under Section 80-IA of the Act. The Hon’ble Madras High Court in case of Tamilnadu Petro Products Ltd. vs. ACIT (2011) 238 CTR 454 held that: “5. The Division Bench also relied upon the decision of the Hon'ble Supreme Court in CIT v. Tanfac Industries Ltd., S.L.P. (C) No. 18537 of 2009 reported in [2009] 319 ITR (St.) 8 wherein, while applying Section 80IA of the Income-tax Act, the Hon'ble Supreme Court took a view that the value of steam used for captive consumption by the…

M/S/ Rashmi Metaliks Ltd., Kolkata vs. A/DCIT, CC-2(2), Kolkata

In the result, appeals of the assessee are allowed

ITA 816/KOL/2017[2012-13]Status: DisposedITAT Kolkata02 May 2018AY 2012-13

Bench: Hon’Ble Shri J.Sudhakar Reddy, Am & Shri A.T.Varkey, Jm ]

For Appellant: Shri A.K.Tulsiyan, FCAFor Respondent: Shri G.Mallikarjuna, CIT(DR)
Section 132Section 153ASection 263Section 801A(4)Section 80ISection 80l

…rgued that even if it assumed that this facility is a captive unit of the assessee, deduction u/s 80IA cannot be denied as per law. For this proposition, he relied on a number of decisions some which are (a)M/s Tamilnadu Petro Products Ltd vs ACIT vide (2010) 338 ITR 643 (b)ACIT vs Tata Metalics Ltd vide ITA No.737 to 740 & 956 to 959 (Kol) of 2012 (c)M/s West Coast Paper Mills Ltd vs ACIT (2014) 52 taxmann.com 268 (d)ACIT vs Jindal Steel & Power Ltd vide ITA No.3257 and 3485 (Delhi) of 2005. He prayed that the order of the Pr. CIT passed u/s 263 be quashed as bad in law. 19. The ld. Departmental Representati…