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

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

In the result, appeals of the assessee are allowed

ITA 815/KOL/2017[2011-12]Status: DisposedITAT Kolkata02 May 2018AY 2011-12

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…

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

In the result, appeals of the assessee are allowed

ITA 814/KOL/2017[2010-11]Status: DisposedITAT Kolkata02 May 2018AY 2010-11

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…

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

In the result, appeals of the assessee are allowed

ITA 813/KOL/2017[2009-10]Status: DisposedITAT Kolkata02 May 2018AY 2009-10

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…

Lmj International Ltd., Kolkata vs. D.C.I.T Cir - 8, Kolkata

In the result, the appeal of the Revenue is dismissed, while the appeal of the assessee is treated as partly allowed for statistical purposes

ITA 230/KOL/2013[2009-10]Status: DisposedITAT Kolkata21 Mar 2018AY 2009-10

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 80I

…the case of AO that logistic division has charged excessive charges for its services hence, the appellant is eligible for deduction under section 80lA/801B on the income of logistic division. The judgements of the cases of Tamilnadu Petroproducts Ltd. v ACIT 238 CTR 454 and West Coast Paper Mills Ltd. v ACIT 105 TTJ 344 support this view of mine. (iv) In addition to my above finding, the submission made by the ld AR that the appellant company was allowed deduction under these sections in the assessment year 2006-07 hence, in view of Hon'ble Gujrat High Court's decision in the case of Saurashtra Cement and Chemic…

DCIT Cen Cir 40, Mumbai vs. Saf Yeast Co. P. Ltd, Mumbai

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

ITA 1780/MUM/2014[2008-09]Status: DisposedITAT Mumbai24 Nov 2017AY 2008-09

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

For Appellant: J.P. Bairagra, ARFor Respondent: B.C.S. Naik, CIT-DR
Section 143(3)Section 80I

…T (2014) 33 ITR (AT) 560 (Mumbai). Even Hon’ble Madras High Court in the case of Tanfac Industries Ltd (Tax Case (A) No 1773 of 2008 and ITA Nos. 1634-1637&1777-1780/Mum/2016 Saf Yeast Company Private Limited (A.Y. 05-06 to 08-09) Tamilnadu Petro Products Ltd 238 CTR 454, which was upheld by Hon’ble Supreme Court (2010) 319 (ST) 8 that even the steam power is treated as one of the forms of power. So far as Section 80IA(4)(iv) of the Act is concerned, the term used is power and it is not restricted to electricity. He further explained that the Rules of Interpretation of Statutes by using principles of internal aid…

DCIT Cen Cir 40, Mumbai vs. Saf Yeast Co. P. Ltd, Mumbai

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

ITA 1778/MUM/2014[2006-07]Status: DisposedITAT Mumbai24 Nov 2017AY 2006-07

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

For Appellant: J.P. Bairagra, ARFor Respondent: B.C.S. Naik, CIT-DR
Section 143(3)Section 80I

…T (2014) 33 ITR (AT) 560 (Mumbai). Even Hon’ble Madras High Court in the case of Tanfac Industries Ltd (Tax Case (A) No 1773 of 2008 and ITA Nos. 1634-1637&1777-1780/Mum/2016 Saf Yeast Company Private Limited (A.Y. 05-06 to 08-09) Tamilnadu Petro Products Ltd 238 CTR 454, which was upheld by Hon’ble Supreme Court (2010) 319 (ST) 8 that even the steam power is treated as one of the forms of power. So far as Section 80IA(4)(iv) of the Act is concerned, the term used is power and it is not restricted to electricity. He further explained that the Rules of Interpretation of Statutes by using principles of internal aid…

DCIT Cen Cir 40, Mumbai vs. Saf Yeast Co. P. Ltd, Mumbai

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

ITA 1777/MUM/2014[2005-06]Status: DisposedITAT Mumbai24 Nov 2017AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

For Appellant: J.P. Bairagra, ARFor Respondent: B.C.S. Naik, CIT-DR
Section 143(3)Section 80I

…T (2014) 33 ITR (AT) 560 (Mumbai). Even Hon’ble Madras High Court in the case of Tanfac Industries Ltd (Tax Case (A) No 1773 of 2008 and ITA Nos. 1634-1637&1777-1780/Mum/2016 Saf Yeast Company Private Limited (A.Y. 05-06 to 08-09) Tamilnadu Petro Products Ltd 238 CTR 454, which was upheld by Hon’ble Supreme Court (2010) 319 (ST) 8 that even the steam power is treated as one of the forms of power. So far as Section 80IA(4)(iv) of the Act is concerned, the term used is power and it is not restricted to electricity. He further explained that the Rules of Interpretation of Statutes by using principles of internal aid…

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

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

ITA 1637/MUM/2014[2008-09]Status: DisposedITAT Mumbai24 Nov 2017AY 2008-09

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

For Appellant: J.P. Bairagra, ARFor Respondent: B.C.S. Naik, CIT-DR
Section 143(3)Section 80I

…T (2014) 33 ITR (AT) 560 (Mumbai). Even Hon’ble Madras High Court in the case of Tanfac Industries Ltd (Tax Case (A) No 1773 of 2008 and ITA Nos. 1634-1637&1777-1780/Mum/2016 Saf Yeast Company Private Limited (A.Y. 05-06 to 08-09) Tamilnadu Petro Products Ltd 238 CTR 454, which was upheld by Hon’ble Supreme Court (2010) 319 (ST) 8 that even the steam power is treated as one of the forms of power. So far as Section 80IA(4)(iv) of the Act is concerned, the term used is power and it is not restricted to electricity. He further explained that the Rules of Interpretation of Statutes by using principles of internal aid…

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

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

ITA 1636/MUM/2014[2007-08]Status: DisposedITAT Mumbai24 Nov 2017AY 2007-08

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

For Appellant: J.P. Bairagra, ARFor Respondent: B.C.S. Naik, CIT-DR
Section 143(3)Section 80I

…T (2014) 33 ITR (AT) 560 (Mumbai). Even Hon’ble Madras High Court in the case of Tanfac Industries Ltd (Tax Case (A) No 1773 of 2008 and ITA Nos. 1634-1637&1777-1780/Mum/2016 Saf Yeast Company Private Limited (A.Y. 05-06 to 08-09) Tamilnadu Petro Products Ltd 238 CTR 454, which was upheld by Hon’ble Supreme Court (2010) 319 (ST) 8 that even the steam power is treated as one of the forms of power. So far as Section 80IA(4)(iv) of the Act is concerned, the term used is power and it is not restricted to electricity. He further explained that the Rules of Interpretation of Statutes by using principles of internal aid…

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

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

ITA 1635/MUM/2014[2006-07]Status: DisposedITAT Mumbai24 Nov 2017AY 2006-07

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

For Appellant: J.P. Bairagra, ARFor Respondent: B.C.S. Naik, CIT-DR
Section 143(3)Section 80I

…T (2014) 33 ITR (AT) 560 (Mumbai). Even Hon’ble Madras High Court in the case of Tanfac Industries Ltd (Tax Case (A) No 1773 of 2008 and ITA Nos. 1634-1637&1777-1780/Mum/2016 Saf Yeast Company Private Limited (A.Y. 05-06 to 08-09) Tamilnadu Petro Products Ltd 238 CTR 454, which was upheld by Hon’ble Supreme Court (2010) 319 (ST) 8 that even the steam power is treated as one of the forms of power. So far as Section 80IA(4)(iv) of the Act is concerned, the term used is power and it is not restricted to electricity. He further explained that the Rules of Interpretation of Statutes by using principles of internal aid…

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

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

ITA 1634/MUM/2014[2005-06]Status: DisposedITAT Mumbai24 Nov 2017AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri N.K. Pradhan, Am

For Appellant: J.P. Bairagra, ARFor Respondent: B.C.S. Naik, CIT-DR
Section 143(3)Section 80I

…T (2014) 33 ITR (AT) 560 (Mumbai). Even Hon’ble Madras High Court in the case of Tanfac Industries Ltd (Tax Case (A) No 1773 of 2008 and ITA Nos. 1634-1637&1777-1780/Mum/2016 Saf Yeast Company Private Limited (A.Y. 05-06 to 08-09) Tamilnadu Petro Products Ltd 238 CTR 454, which was upheld by Hon’ble Supreme Court (2010) 319 (ST) 8 that even the steam power is treated as one of the forms of power. So far as Section 80IA(4)(iv) of the Act is concerned, the term used is power and it is not restricted to electricity. He further explained that the Rules of Interpretation of Statutes by using principles of internal aid…

DCIT Cir 3(3), Mumbai vs. Rallis India Ltd, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 4316/MUM/2014[2010-11]Status: DisposedITAT Mumbai08 Nov 2017AY 2010-11

Bench: Shri Saktijit Dey, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./ I.T.A. No.4234/Mum/2014 (निर्ाारण वषा / Assessment Year :2010-11) M/S Rallis India Ltd, Addl.Commissioner Of Income 156/157 Nariman Bhavan, Tax-Circle 3(3), फनाभ/ Room No.609, 6Th Floor, Nariman Point, Mumbai-400001 Aayakar Bhavan, Vs. M K Road, Mumbai-400020 (अऩीराथी /Appellant) (प्रत्मथी / Respondent) आमकय अऩीर सं./ I.T.A. No.4316/Mum/2014 (निर्ाारण वषा / Assessment Year :2010-11) Dy.Commissioner Of Income Tax- M/S Rallis India Ltd, Circle 3(3), 156/157 Nariman Bhavan, फनाभ/ Room No.609, 6Th Floor, Nariman Point, Aayakar Bhavan, Mumbai-400001 Vs. M K Road, Mumbai-400020 (अऩीराथी /Appellant) (प्रत्मथी / Respondent) Pan: Aabcr2657N अऩीराथी की ओय से / Assessee By : S/Shri Jitendra Jain, H.Jemshethji & Darshit Naik प्रत्मथी की ओय से/Respondent By : Shri Purishottam Kumar सुनवाई की तायीख /Date Of Hearing : 9.8.2017 घोषणा की तायीख /Date Of Pronouncement : 8.11.2017

For Appellant: S/Shri Jitendra Jain, H.Jemshethji and Darshit NaikFor Respondent: Shri Purishottam Kumar
Section 10(34)Section 14ASection 80I

…nt of the excise duty to Gujarat Electricity Board at the rate of 40Ps per unit and thus total power duty was worked out to Rs.20,66,288/-. The ld. AR in defense of his argument relied upon the following case laws: (a) Tamil Nadu Petro Products Ltd. v. ACIT - 338 ITR 643 (Mad.) (b) CIT v. M/s. Orient Abrasive Ltd. - 49 taxmann.com 174 (Del. HC) (c) Dismissal of SLP (C) No. 18537 of 2009 filed by the revenue - 319 ITR (St) 8 (d) West Coast Paper Mills Ltd. v. ACIT – 28 61TR (AT) 252 (Mum) (e) Assessee's own case for Assessment Year 2009-10 (ITA No.401/M/13 and 489/M/13 dated 16.12.2016. 10. The ld. DR on the othe…

Rallis India Ltd, Mumbai vs. Addl CIT 3(3), Mumbai

In the result, the appeal of the revenue is dismissed

ITA 4234/MUM/2014[2010-11]Status: DisposedITAT Mumbai08 Nov 2017AY 2010-11

Bench: Shri Saktijit Dey, Jm & Shri Rajesh Kumar, Am आमकय अऩीर सं./ I.T.A. No.4234/Mum/2014 (निर्ाारण वषा / Assessment Year :2010-11) M/S Rallis India Ltd, Addl.Commissioner Of Income 156/157 Nariman Bhavan, Tax-Circle 3(3), फनाभ/ Room No.609, 6Th Floor, Nariman Point, Mumbai-400001 Aayakar Bhavan, Vs. M K Road, Mumbai-400020 (अऩीराथी /Appellant) (प्रत्मथी / Respondent) आमकय अऩीर सं./ I.T.A. No.4316/Mum/2014 (निर्ाारण वषा / Assessment Year :2010-11) Dy.Commissioner Of Income Tax- M/S Rallis India Ltd, Circle 3(3), 156/157 Nariman Bhavan, फनाभ/ Room No.609, 6Th Floor, Nariman Point, Aayakar Bhavan, Mumbai-400001 Vs. M K Road, Mumbai-400020 (अऩीराथी /Appellant) (प्रत्मथी / Respondent) Pan: Aabcr2657N अऩीराथी की ओय से / Assessee By : S/Shri Jitendra Jain, H.Jemshethji & Darshit Naik प्रत्मथी की ओय से/Respondent By : Shri Purishottam Kumar सुनवाई की तायीख /Date Of Hearing : 9.8.2017 घोषणा की तायीख /Date Of Pronouncement : 8.11.2017

For Appellant: S/Shri Jitendra Jain, H.Jemshethji and Darshit NaikFor Respondent: Shri Purishottam Kumar
Section 10(34)Section 14ASection 80I

…nt of the excise duty to Gujarat Electricity Board at the rate of 40Ps per unit and thus total power duty was worked out to Rs.20,66,288/-. The ld. AR in defense of his argument relied upon the following case laws: (a) Tamil Nadu Petro Products Ltd. v. ACIT - 338 ITR 643 (Mad.) (b) CIT v. M/s. Orient Abrasive Ltd. - 49 taxmann.com 174 (Del. HC) (c) Dismissal of SLP (C) No. 18537 of 2009 filed by the revenue - 319 ITR (St) 8 (d) West Coast Paper Mills Ltd. v. ACIT – 28 61TR (AT) 252 (Mum) (e) Assessee's own case for Assessment Year 2009-10 (ITA No.401/M/13 and 489/M/13 dated 16.12.2016. 10. The ld. DR on the othe…

Sajjan India Ltd., Mumbai vs. Principal CIT -8, Mumbai

In the result, the appeal of the assessee is partly allowed for statistical purpose

ITA 1636/MUM/2015[2005-06]Status: DisposedITAT Mumbai14 Dec 2016AY 2005-06

Bench: Sri Mahavir Singh, Jm & Sri Ashwani Taneja, Am M/S Sajjan India Ltd. Principal Commissioner Of C/0. Shankarlal Jain & Income Tax Associates, 12, Engineer 8, Aaykar Bhavan, Queens Road, Vs. Building, 265, Princess Street Mumbai-20 Mumbai-400002 Pan No.Aaacs6498M Appellant .. Respondent .. Shri. Shankarlal Jain, Ar Assessee By Revenue By .. Shri. Sunil K Jha, Cit Dr Date Of Hearing .. 14-12-2016 Date Of Pronouncement .. 14-12-2016 O R D E R Per Mahavir Singh, Jm:

Section 143(3)Section 263Section 80Section 80I

…on of electricity from the concerned authorities and further whether assessee had separately claiming the cost for production of electricity as commented by AO. Even though the Hon'ble High Court of Madras in the case of Tamil Nadu Petro Products Ltd vs. ACIT 338 ITR 643 has held that assessee is entitled to deduction in respect of notional income from generation of electricity which was captively consumed by it, the requirement of ‘industrial undertaking’ cannot be established on the facts as placed before us. Assessee should satisfy the requirement under section 80IA that it is an independent undertaking, neces…

Hero Motocorp Limited, New Delhi vs. JCIT, New Delhi

In the result appeal of the assessee in ITA No

ITA 1545/DEL/2015[2010-11]Status: DisposedITAT Delhi24 Oct 2016AY 2010-11

Bench: Sh. I. C. Sudhir & Shri Prashant Maharishihero Motocorp Limited, Jcit, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi Pan: Aaach0812J (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) Dcit, M/S. Hero Moto Corp. Circle-11(1), Ltd., 34, Community

For Appellant: Sh. Ajay Vohra, Sr. AdvFor Respondent: Sh. NC Sawain, CIT DR
Section 143Section 143(3)Section 144CSection 92C

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ―I-2‖: NEW DELHI BEFORE SH. I. C. SUDHIR, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER Hero MotoCorp Limited, JCIT, 34, Basant Lok, Vasant Range-1, New Delhi Vs. Vihar, New Delhi PAN: AAACH0812J (Appellant) (Respondent) DCIT, M/s. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Vs. New Delhi Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) DCIT, M/s. Hero Moto Corp. Circle-11(1), Ltd., 34, Community Page 2 of 484 New Delhi Vs. Centre, Basant Lok, Vasant Vihar, New Delhi-110057 (Appellant) (Respondent) M/s. Hero Moto Corp. D…

Commissioner of Income Tax vs. M/S Orient Abrassive Ltd

The appeals are disposed of

ITA-991/2010HC Delhi31 Jul 2014
Section 80

…nected Page 13 of 17 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 the assessee had a electricity generation unit, which was supplying electricity to the 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 the same Court dated 7th…