West Coast Paper Mills Ltd. v. Asstt. Commissioner of Income Tax

103 ITD 19Income Tax Appellate Tribunal2006#4946 most cited

What is West Coast Paper Mills Ltd. v. Asstt. Commissioner of Income Tax authority for?

A DG Unit generating power for captive consumption is eligible for deduction under section 80-IA.

23

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2022.

Also referred to as

West Coast Paper Mills Ltd · 80IA · captive power · deduction · independent undertaking · eligible for deduction

Also reported as

286 ITR 252

Judgments citing West Coast Paper Mills Ltd. v. Asstt. Commissioner of Income Tax

Rajshanti Metals Pvt. Ltd., Jamnagar vs. The Pr. Commr. of Income Tax, Jamnagar

In the result, the appeal filed by the assessee is allowed

ITA 176/RJT/2016[2011-12]Status: DisposedITAT Rajkot09 Sept 2022AY 2011-12

Bench: Shri Waseem Ahmed & Shri Siddhartha Nautiyalआयकर अपील सं./Ita No. 176/Rjt/2016 िनधा"रण वष"/Asstt. Years: 2011-2012 Rajshanti Metals Pvt. Ltd., The Principal Commissioner Of B-42, Gidc, Vs. Income Tax, Shankar Tekri, Jamnagar. Jamnagar.

For Appellant: Shri Mehul Ranpura, A.RFor Respondent: Shri Sanjeev Jain, CIT. D.R
Section 133ASection 143(3)Section 263Section 80

…ned that the above enterprise satisfied the conditions stipulated u/s.80IA and the amount of deduction claimed is deductible. We rely on the following judgements. West Cast Paper Mill Vs CIT 32 CIT 32 SOT 164 Delhi Dalamiya Cement (Bharat Ltd.), Mumbai Vs CIT 103 ITD 19/100 TTJ 833 Mumbai. In view of the above facts, it is requested to allow the deduction of the claim made u/s.80IA. XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX Reg. reason for decline in G.P. & N.P a) Our client’s total purchases are from foreign countries and therefore, importe. So, we have to make payments for purchase depending upon the ra…

ACIT, Ranchi vs. M/S Aditya Birla Chemicals India Ltd., Palamau

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

ITA 137/RAN/2015[2010-11]Status: DisposedITAT Ranchi08 Jul 2020AY 2010-11

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

Section 143(3)Section 40

…ose of computation of profits and gains of the eligible business in terms of Section 80-IA(8) of the Act." In this regard it is noted that the Hon'ble Mumbai Tribunal in the case of the West Coast Paper Mills Ltd. Vs. Asstt. Commissioner of Income Tax [2006] 103 ITD 19 MUM [2006] 286 ITR 252 MUM has noted that the rate to be adopted for the power generated and supplied to assessee'spaper division for the purpose of working of the profit for the purpose of 80IA of the Income Tax Act would be linked to the purchase price of power paid by the assessee to KSEB. The Hon'ble Tribunal concluded that the price should be…

ACIT, Ranchi vs. M/S M/S Aditya Birla Chemicals India Ltd., Palamau

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

ITA 136/RAN/2015[2009-10]Status: DisposedITAT Ranchi08 Jul 2020AY 2009-10

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

Section 143(3)Section 40

…ose of computation of profits and gains of the eligible business in terms of Section 80-IA(8) of the Act." In this regard it is noted that the Hon'ble Mumbai Tribunal in the case of the West Coast Paper Mills Ltd. Vs. Asstt. Commissioner of Income Tax [2006] 103 ITD 19 MUM [2006] 286 ITR 252 MUM has noted that the rate to be adopted for the power generated and supplied to assessee'spaper division for the purpose of working of the profit for the purpose of 80IA of the Income Tax Act would be linked to the purchase price of power paid by the assessee to KSEB. The Hon'ble Tribunal concluded that the price should be…

ACIT, Ranchi vs. M/S M/S Aditya Birla Chemicals India Ltd., Palamau

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

ITA 131/RAN/2015[2008-09]Status: DisposedITAT Ranchi08 Jul 2020AY 2008-09

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

Section 143(3)Section 40

…ose of computation of profits and gains of the eligible business in terms of Section 80-IA(8) of the Act." In this regard it is noted that the Hon'ble Mumbai Tribunal in the case of the West Coast Paper Mills Ltd. Vs. Asstt. Commissioner of Income Tax [2006] 103 ITD 19 MUM [2006] 286 ITR 252 MUM has noted that the rate to be adopted for the power generated and supplied to assessee'spaper division for the purpose of working of the profit for the purpose of 80IA of the Income Tax Act would be linked to the purchase price of power paid by the assessee to KSEB. The Hon'ble Tribunal concluded that the price should be…

M/S Aditya Birla Chemicals India Ltd., Palamau vs. ACIT, Ranchi

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

ITA 127/RAN/2015[2010-11]Status: DisposedITAT Ranchi08 Jul 2020AY 2010-11

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

Section 143(3)Section 40

…ose of computation of profits and gains of the eligible business in terms of Section 80-IA(8) of the Act." In this regard it is noted that the Hon'ble Mumbai Tribunal in the case of the West Coast Paper Mills Ltd. Vs. Asstt. Commissioner of Income Tax [2006] 103 ITD 19 MUM [2006] 286 ITR 252 MUM has noted that the rate to be adopted for the power generated and supplied to assessee'spaper division for the purpose of working of the profit for the purpose of 80IA of the Income Tax Act would be linked to the purchase price of power paid by the assessee to KSEB. The Hon'ble Tribunal concluded that the price should be…

M/S Aditya Birla Chemicals India Ltd., Palamau vs. ACIT, Ranchi

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

ITA 126/RAN/2015[2009-10]Status: DisposedITAT Ranchi08 Jul 2020AY 2009-10

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

Section 143(3)Section 40

…ose of computation of profits and gains of the eligible business in terms of Section 80-IA(8) of the Act." In this regard it is noted that the Hon'ble Mumbai Tribunal in the case of the West Coast Paper Mills Ltd. Vs. Asstt. Commissioner of Income Tax [2006] 103 ITD 19 MUM [2006] 286 ITR 252 MUM has noted that the rate to be adopted for the power generated and supplied to assessee'spaper division for the purpose of working of the profit for the purpose of 80IA of the Income Tax Act would be linked to the purchase price of power paid by the assessee to KSEB. The Hon'ble Tribunal concluded that the price should be…

M/S Aditya Birla Chemicals India Ltd., Palamau vs. ACIT, Ranchi

In the result, Assessee`s appeals are allowed and Revenue`s appeals are dismissed and cross objections filed by the assessee are allowed to the extent indicated above

ITA 125/RAN/2015[2008-09]Status: DisposedITAT Ranchi08 Jul 2020AY 2008-09

Bench: Shri S.S.Godara, Jm & Dr. A. L. Saini, Am I.T.A Nos. 125 To 127/Ran/2015 Assessment Years: 2008-09 To 2010-11 M/S. Aditya Birla Chemicals India Vs. Acit, Circle – 1, Ltd. (Formerly Known As Bihar Ranchi Caustic & Chemicals Ltd.) Rehla, Palamau – 822124. Pan/Gir No. : Aaacb 7747 A (Appellant) .. (Respondent)

Section 143(3)Section 40

…ose of computation of profits and gains of the eligible business in terms of Section 80-IA(8) of the Act." In this regard it is noted that the Hon'ble Mumbai Tribunal in the case of the West Coast Paper Mills Ltd. Vs. Asstt. Commissioner of Income Tax [2006] 103 ITD 19 MUM [2006] 286 ITR 252 MUM has noted that the rate to be adopted for the power generated and supplied to assessee'spaper division for the purpose of working of the profit for the purpose of 80IA of the Income Tax Act would be linked to the purchase price of power paid by the assessee to KSEB. The Hon'ble Tribunal concluded that the price should be…

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

…appellant's own case, the honourable ITAT has held as follows:- “3 At the time of hearing both the parties fairly conceded that this issue is squarely covered by the order of the Tribunal Mumbai "I" Bench in the case of West Coast Paper Mills Ltd., vs. ACIT (103 ITD 19) (Mum) wherein it was held that the claim for deduction u/s 801A should be granted where there is a captive consumption of power generated by the assessee and transfer price has to be worked out on the basis of average price paid by the assessee during the year to the state Electricity Board minus extraneous charges such as electricity duty etc. H…

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

…appellant's own case, the honourable ITAT has held as follows:- “3 At the time of hearing both the parties fairly conceded that this issue is squarely covered by the order of the Tribunal Mumbai "I" Bench in the case of West Coast Paper Mills Ltd., vs. ACIT (103 ITD 19) (Mum) wherein it was held that the claim for deduction u/s 801A should be granted where there is a captive consumption of power generated by the assessee and transfer price has to be worked out on the basis of average price paid by the assessee during the year to the state Electricity Board minus extraneous charges such as electricity duty etc. H…

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

…appellant's own case, the honourable ITAT has held as follows:- “3 At the time of hearing both the parties fairly conceded that this issue is squarely covered by the order of the Tribunal Mumbai "I" Bench in the case of West Coast Paper Mills Ltd., vs. ACIT (103 ITD 19) (Mum) wherein it was held that the claim for deduction u/s 801A should be granted where there is a captive consumption of power generated by the assessee and transfer price has to be worked out on the basis of average price paid by the assessee during the year to the state Electricity Board minus extraneous charges such as electricity duty etc. H…

Rainbow Papers Limited., Ahmedabad vs. Dy.Commissioner of Income Tax, Circle-3(1)(2), Ahmedabad

In the result, appeal filed by the Revenue is dismissed

ITA 3408/AHD/2015[2012-13]Status: DisposedITAT Ahmedabad28 Jun 2019AY 2012-13

Bench: Shri Mahavir Prasad & Shri Waseem Ahmed)

For Appellant: Shri Sulabh Padshah, ARFor Respondent: Shri Alok Singh, CIT/ D.R
Section 80Section 80I

…ed. The ‘duty’ being excluded, surcharge meant for specific purposes cannot form part of profits of the eligible business. We also take note of similar observations have been made by the Coordinate Bench of the Tribunal in West Coast Paper Mills Ltd. vs. ACIT 103 ITD 19 (Mum.) referred to and relied upon by the revenue to support our view. 16.3. In parity, we hold that both ‘surcharge’ and ‘duty’ shall not form part of the deemed sale price being extraneous charges for determination of ‘market value’ in terms of s.80IA(8) of the Act. 16.4. Thus, we are of the view that while averaging of selling price as per pr…

Assistant Commissioner of Income Tax, Central Circle -1, Raipur (Cg) vs. M/S Sarda Energy & Minerals Ltd, Nagpur

The appeals of the Revenue are dismissed

ITA 225/NAG/2017[2012-2013]Status: DisposedITAT Nagpur25 Apr 2019AY 2012-2013
For Appellant: Shri Rajesh Loya, AdvFor Respondent: Shri U. U. Kasar, Jt. CIT
Section 14ASection 271(1)(c)Section 80I

…assessee on this account, the CIT(A) relied heavily on the various judgements such as (i) Addl.CIT vs. Jindal Steel & Power Ltd. 16 SOT 509 (Del.); (ii) CIT vs. Godawari Power & Ispat Ltd., 223 taxmann.com 234; and, (iii) West Coast Paper Mills Ltd. vs. ACIT, 103 ITD 19 (Mum.). Thus, it is a case where the relief is given to the assessee for the assessment years 2003-04 to 2005-06, 2007-08 and 2008-09 in assessee’s own case. Considering the same, we are of the opinion, the order of the CIT(A) is fair and reasonable on this account and it does not call for any interference. Accordingly, relevant limbs of the groun…

Assistant Commissioner of Income Tax, Central Circle -1, Raipur (Cg) vs. M/S Sarda Energy & Minerals Ltd, Nagpur

The appeals of the Revenue are dismissed

ITA 224/NAG/2017[2011-2012]Status: DisposedITAT Nagpur25 Apr 2019AY 2011-2012
For Appellant: Shri Rajesh Loya, AdvFor Respondent: Shri U. U. Kasar, Jt. CIT
Section 14ASection 271(1)(c)Section 80I

…assessee on this account, the CIT(A) relied heavily on the various judgements such as (i) Addl.CIT vs. Jindal Steel & Power Ltd. 16 SOT 509 (Del.); (ii) CIT vs. Godawari Power & Ispat Ltd., 223 taxmann.com 234; and, (iii) West Coast Paper Mills Ltd. vs. ACIT, 103 ITD 19 (Mum.). Thus, it is a case where the relief is given to the assessee for the assessment years 2003-04 to 2005-06, 2007-08 and 2008-09 in assessee’s own case. Considering the same, we are of the opinion, the order of the CIT(A) is fair and reasonable on this account and it does not call for any interference. Accordingly, relevant limbs of the groun…

Diamines and Chemicals Limited, Vadodara vs. The Deputy Commissioner of Income Tax, Circle-1(1)(1), Baroda

In the result, appeal of the assessee is allowed for statistical purposes

ITA 657/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad09 Jan 2019AY 2012-13

Bench: Shri Rajpal Yadav & Shri Waseem Ahmedआयकर अपील सं./ Ita No.657/Ahd/2017 "नधा"रण वष"/Assessment Year: 2012-13 Diamines & Chemicals Ltd. Dcit, Cir.1(1)(1) Plot No.13, Pcc Area Vs Baroda. Po Petrochemicals Vadodara 391 346 Pan : Aaacd 5356 R अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sanjay R. Shah, Ar Revenue By : Shri B.P. Srivastava, Sr.Dr

For Appellant: Shri Sanjay R. Shah, ARFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 80I

…ed. The 'duty' being excluded, surcharge meant for specific purposes cannot form part of profits of the eligible business. We also take note of similar observations have been made by the Coordinate Bench of the Tribunal in West Coast Paper Mills Ltd. vs. ACIT 103 ITD 19 (Mum.) referred to and relied upon by the revenue to support our view. 16.3. In parity, we hold that both 'surcharge' and 'duty' shall not form part of the deemed sale price being extraneous charges for determination of 'market value' in terms of s.80IA(8) of the Act. 16.4. Thus, we are of the view that while averaging of selling price as per pric…

Banco Products (India) Ltd., Baroda vs. The Dy.CIT., Circle-1(1), Baroda

In the result ground no.3(ii) of the Revenue’s appeal is dismissed

ITA 275/AHD/2015[2010-11]Status: DisposedITAT Ahmedabad30 Oct 2017AY 2010-11
For Appellant: Shri Sanket Vakshi, A.RFor Respondent: Shri Viki Singh, Sr. D.R
Section 143(3)Section 14ASection 80Section 80I

…n undertaking of an enterprise from business of eligible undertaking only are to be considered for the purpose of allowing deduction. The CIT(A) has allowed deduction u/s 80-IA relying on the Mumbai Bench of ITAT in the case of West Coast Paper Mills vs ACIT (103 ITD 19). In view of the Hon'ble ITAT, Chennai's decision in the case of M/s Chettinad Cement: Corporation Pvt Ltd, the Hon'ble ITAT may kindly be restored the disallowance u/s 80-IA made by the Assessing Officer." I.T.A Nos. 275 & 281/Ahd/2015 A.Y. 2010-11 Page No 5 Banco Products (India) Ltd. vs. DCIT 7. We have heard the Ld. Sr. D.R. and perused the…

The DCIT, Circle-1(1)(1), Baroda vs. M/S. Banco Aluminium Ltd., Baroda

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

ITA 282/AHD/2015[2011-12]Status: DisposedITAT Ahmedabad29 Sept 2017AY 2011-12
For Appellant: Shri Sanket Bhakshi, A.RFor Respondent: Shri V.K. Singh, Sr. D.R
Section 234DSection 271Section 80I

…Pआयकर अपील"य अ"धकरण, अहमदाबाद "यायपीठ ‘डी’ अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “ D ” BENCH, AHMEDABAD सव"ी एन.के. "ब"लैया, लेखा सद"य एवं महावीर "साद, "या"यक सद"य के सम" । BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER And SHRI MAHAVIR PRASAD, JUDICIAL MEMBER आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं./ ITA No. 276/Ahd/2015 अपील ("नधा"रण वष" / Assessment Year : 2011-12) M/s. Banco Aluminium Ltd. DCIT, Bil, Near Bhaili Railway Station, Vs Circle 1(1), Padra Road, Baroda - 390007 Baroda-391410 आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं./ ITA No. 282/Ahd/2015 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष"…

M/S. Banco Aluminium Ltd., Baroda vs. The Dy.CIT, Circle-1(1), Baroda

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

ITA 276/AHD/2015[2011-12]Status: DisposedITAT Ahmedabad29 Sept 2017AY 2011-12
For Appellant: Shri Sanket Bhakshi, A.RFor Respondent: Shri V.K. Singh, Sr. D.R
Section 234DSection 271Section 80I

…Pआयकर अपील"य अ"धकरण, अहमदाबाद "यायपीठ ‘डी’ अहमदाबाद । IN THE INCOME TAX APPELLATE TRIBUNAL “ D ” BENCH, AHMEDABAD सव"ी एन.के. "ब"लैया, लेखा सद"य एवं महावीर "साद, "या"यक सद"य के सम" । BEFORE SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER And SHRI MAHAVIR PRASAD, JUDICIAL MEMBER आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं./ ITA No. 276/Ahd/2015 अपील ("नधा"रण वष" / Assessment Year : 2011-12) M/s. Banco Aluminium Ltd. DCIT, Bil, Near Bhaili Railway Station, Vs Circle 1(1), Padra Road, Baroda - 390007 Baroda-391410 आयकर आयकर अपील आयकर आयकर अपील अपील संसंसंसं./ ITA No. 282/Ahd/2015 अपील िनधा"रण िनधा"रण वष" िनधा"रण िनधा"रण वष"…

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

…can be considered as independent undertaking eligible for deduction under section 80IA. AO is also directed to keep in mind the principles established by the Hon'ble Madras High Court (Supra) and the ITAT Mumbai Bench in the case of West Cost Paper Mills Ltd, 103 ITD 19 wherein the DG Unit which generated power for captive consumption was allowed deduction under section 80IA. AO is directed to examine the issue on facts as well as on law and if assessee is eligible for deduction directed to allow the same. Accordingly, the issue in assessment year 2005-06 is restored to the file of AO for fresh determination. Gro…

M/S. Hindustan Petroleum Corporation Ltd., Mumbai vs. Addl. CIT. RG. - 1(1), Mumbai

In the result, appeal of the Revenue is dismissed

ITA 2736/MUM/2007[2003-2004]Status: DisposedITAT Mumbai23 Nov 2016AY 2003-2004

Bench: Shri R.C. Sharma & Shri Pawan Singh

For Respondent: Shri Rahul Raman, (CIT-DR)
Section 14ASection 253Section 32(1)(ii)Section 35Section 35ASection 36(1)(iii)Section 37(1)Section 80MSection 86

…d reduced the deduction of value of power generation. The ld. AR of the assessee relied upon the decision of ACIT vs. Jindal Steel and Power (2007) 16 SOT 509 (Del.) (Trib.) and the decision of Mumbai in Waste Cost Power Mills Ltd. vs. DCIT reported in (2006) 103 ITD 19 (Mum) and the decision of Reliance Infrastructure Ltd. vs. DCIT in ITA No. 463/Mum/2009 (AY- 2006-07) dated 31.01.2011. 38. We have considered the rival contention of the parties and seen that assessee claimed deduction u/s 80IA/80IB in respect of captive power plant unit CTG- 3 & 4. The power generated by this unit was transferred to the assessee…

DCIT, Cir-11, Kolkata vs. M/S Graphite India Ltd., Kolkata

In the result, assessee’s appeal is partly allowed

ITA 559/KOL/2008[2003-2004]Status: DisposedITAT Kolkata24 Aug 2016AY 2003-2004

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Ravi

Section 154Section 80Section 80HSection 80I

…passed by the ITAT Mumbai Bench in the earlier years following the decision of ITA No.304-05 & 559/Kol/2008 A.Y 03-04 Graphit e India Ltd. vs. Addl. CIT, Rng-11, Kol. Page 10 Hon’ble ITAT Mumbai Bench in the case of West Coast Paper Mills Ltd. Vs ACIT (2006) 103 ITD 19 (Mum). The same decision of ITAT Mumbai has since been reversed by ITAT Mumbai in the same assessee’s case in West Coast Paper Mills Ltd. vs. Addl. CIT (2014) 33 ITR (Trib) 560 (Mum), wherein ITAT Mumbai held that in the said order Tribunal has neither considered its earlier orders where the issue has already been decided in favour of the assessee…

West Coast Paper Mills Ltd. v. Asstt. Commissioner of Income Tax (103 ITD 19) — Cited in 23 Judgments | BharatTax