West Coast Paper Mills Ltd. v. Jt. CIT

100 TTJ 833Income Tax Appellate Tribunal2006#3148 most cited

What is West Coast Paper Mills Ltd. v. Jt. CIT authority for?

Profits of a captive power plant eligible for deduction under Section 80-IA are to be computed based on the average annual landed cost of electricity purchased by the assessee from the State Electricity Board, which is considered the market value.

37

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2011 to 2023.

Also referred to as

West Coast Paper Mills Ltd v JCIT · section 80IA · captive power plant · market value · State Electricity Board · average annual landed cost · deduction · profits computation · turnover

Sections most often in play

Section 14ASection 41(1)

Issues it is cited on

section 80lasection 2(19aa)section 80lsection 80ia(8)section 80jsection 28(iv)short deduction of taxdeduction u/s 80iasection 41(1)section 41section 80iasection 9(1)(vii)

Judgments citing West Coast Paper Mills Ltd. v. Jt. CIT

ACC LIMITED,MUMBAI vs. DCIT (LTU), MUMBAI

In the result, appeal filed by department is dismissed

ITA 800/MUM/2022[2013-14]Status: DisposedITAT Mumbai30 Jun 2023AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Blem/S. Acc Limited V. Dcit (Ltu) 121, Cement House, M.K. Road 29Th Floor, Center-1 Churchgate, Mumbai-400020 World Trade Centre, Cuffe Parade Mumbai - 400005 Pan: Aaact1507C (Appellant) (Respondent) Asst. Cit – 3(4) V. M/S. Acc Limited 29Th Floor, Center-1 Cement House,121, M.K. Road World Trade Centre, Cuffe Parade Churchgate, Mumbai-400020 Mumbai-400005 Pan: Aaact1507C (Appellant) (Respondent)

Section 14A

…Reliance Industries Ltd [2020] 421 ITR 686 (Bombay) (iii) CIT v. Godawari Power &Ispat Ltd. [(2014) 223 Taxman 234 (Chattisgarh HC)] (iv) PCIT v. Gujarat Alkalies& Chemicals Ltd. [(2017) 395 ITR 247 (Gujarat HC)] (v) West Coast Paper Mills Ltd. v. JCIT (2006) 100 TTJ 833 (Mumbai Trib.) – (vi) Eveready Spinning Mills (P.) Ltd. v. ACIT (50 SOT 8) (Chennai) (URO) (vi) ACIT vs. Godavari Power &Ispat LTD (2011) 133 ITD 502 (Bilaspur) (vii) BalrampurChini Mills Ltd (ITA 1672/Kol/2019) (Kolkata ITAT) 57. During the course of appellate hearing, Ld AR has filed revised working of the turnover of the eligible CPP units by…

ASST. COMMISSIONER OF INCOME TAX-3(4), MUMBAI-400005 vs. M/S. ACC LIMITED, MUMBAI-400020

In the result, appeal filed by department is dismissed

ITA 1171/MUM/2022[2013-14]Status: DisposedITAT Mumbai30 Jun 2023AY 2013-14

Bench: Shri S. Rifaur Rahman, Hon'Ble & Ms Kavitha Rajagopal, Hon'Blem/S. Acc Limited V. Dcit (Ltu) 121, Cement House, M.K. Road 29Th Floor, Center-1 Churchgate, Mumbai-400020 World Trade Centre, Cuffe Parade Mumbai - 400005 Pan: Aaact1507C (Appellant) (Respondent) Asst. Cit – 3(4) V. M/S. Acc Limited 29Th Floor, Center-1 Cement House,121, M.K. Road World Trade Centre, Cuffe Parade Churchgate, Mumbai-400020 Mumbai-400005 Pan: Aaact1507C (Appellant) (Respondent)

Section 14A

…Reliance Industries Ltd [2020] 421 ITR 686 (Bombay) (iii) CIT v. Godawari Power &Ispat Ltd. [(2014) 223 Taxman 234 (Chattisgarh HC)] (iv) PCIT v. Gujarat Alkalies& Chemicals Ltd. [(2017) 395 ITR 247 (Gujarat HC)] (v) West Coast Paper Mills Ltd. v. JCIT (2006) 100 TTJ 833 (Mumbai Trib.) – (vi) Eveready Spinning Mills (P.) Ltd. v. ACIT (50 SOT 8) (Chennai) (URO) (vi) ACIT vs. Godavari Power &Ispat LTD (2011) 133 ITD 502 (Bilaspur) (vii) BalrampurChini Mills Ltd (ITA 1672/Kol/2019) (Kolkata ITAT) 57. During the course of appellate hearing, Ld AR has filed revised working of the turnover of the eligible CPP units by…

ASSTT. COMM. OF INCOME TAX 6(1)(1) , MUMBAI vs. M/S CENTURY TEXTILES & INDUSTRIES LTD , MUMBAI

In the result, the appeal filed by the revenue is dismissed

ITA 2647/MUM/2022[2012-13]Status: DisposedITAT Mumbai27 Mar 2023AY 2012-13

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadaleacit, 6(1)(1) Vs. M/S Century Textiles Room No. 502, 5Th & Industrials Ltd Floor, Aayakar Bhavan, 2Nd Floor, Century Mk Road, Bhavan, Dr. Annie Mumbai-400020. Beasant Road, Worli, Mumbai – 400030. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaacc2659Q Appellant .. Respondent Appellant By : Mr.Jogendra Singh.Dr Respondent By : Mr. Chaitanya D. Joshi.Ar Date Of Hearing 31.01.2023 Date Of Pronouncement 24.02.2023 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Revenue Has Filed The Appeal Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi / Cit(A), Passed U/S 250 Of The Act.

For Appellant: Mr.Jogendra Singh.DRFor Respondent: Mr. Chaitanya D. Joshi.AR
Section 10(34)Section 10(35)Section 115JSection 143(1)Section 143(2)Section 14ASection 250Section 80I

…the assessee purchases its power from the State Electricity Board shall be considered as "market value" for the purposes of sec.801A. Your attention is also invited to the decision of the Mumbai Bench of the ITAT in the case of West Coast Paper Mills v. JCIT (100 TTJ 833) wherein the Hon'ble Bombay Tribunal has held that the profits of the captive power plant should be computed on the basis of the price of power at the average of the annual landed cost of electricity purchased by the assessee from the State Electricity Board during the relevant previous year. The Tribunal directed the Assessing authority to deter…

DCIT(LTU) - 1, MUMBAI vs. ACC LTD., MUMBAI

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

ITA 3178/MUM/2019[2011-12]Status: DisposedITAT Mumbai28 Feb 2023AY 2011-12

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

Section 14Section 143(3)Section 14A

…Reliance Industries Ltd [2020] 421 ITR 686 (Bombay) (iii) CIT v. Godawari Power &Ispat Ltd. [(2014) 223 Taxman 234 (Chattisgarh HC)] (iv) PCIT v. Gujarat Alkalies& Chemicals Ltd. [(2017) 395 ITR 247 (Gujarat HC)] (v) West Coast Paper Mills Ltd. v. JCIT (2006) 100 TTJ 833 (Mumbai Trib.) – (vi) Eveready Spinning Mills (P.) Ltd. v. ACIT (50 SOT 8) (Chennai) (URO) (vi) ACIT vs. Godavari Power &Ispat LTD (2011) 133 ITD 502 (Bilaspur) (vii) BalrampurChini Mills Ltd (ITA 1672/Kol/2019) (Kolkata ITAT) 57. During the course of appellate hearing, Ld AR has filed revised working of the turnover of the eligible CPP units by…

ACC LTD.,MUMBAI vs. ADDL CIT(LTU) , MUMBAI

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

ITA 3139/MUM/2019[2011-12]Status: DisposedITAT Mumbai28 Feb 2023AY 2011-12

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

Section 14Section 143(3)Section 14A

…Reliance Industries Ltd [2020] 421 ITR 686 (Bombay) (iii) CIT v. Godawari Power &Ispat Ltd. [(2014) 223 Taxman 234 (Chattisgarh HC)] (iv) PCIT v. Gujarat Alkalies& Chemicals Ltd. [(2017) 395 ITR 247 (Gujarat HC)] (v) West Coast Paper Mills Ltd. v. JCIT (2006) 100 TTJ 833 (Mumbai Trib.) – (vi) Eveready Spinning Mills (P.) Ltd. v. ACIT (50 SOT 8) (Chennai) (URO) (vi) ACIT vs. Godavari Power &Ispat LTD (2011) 133 ITD 502 (Bilaspur) (vii) BalrampurChini Mills Ltd (ITA 1672/Kol/2019) (Kolkata ITAT) 57. During the course of appellate hearing, Ld AR has filed revised working of the turnover of the eligible CPP units by…

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

…ower &Ispat Ltd - 133 ITD 502 (Dilaspur ITAT) 2. Eveready Spinning Mills (P) Ltd v. ACIT, Circle-1, Tirupur - 17 Taxmann 254 (AY 2007-08) Chennai ITAT. 3. Assam Carbon Products Ltd v. ACIT - 100 TT J 224 (IT AT Kolkatta) 4. West Coast Paper Mills Ltd V. JCIT -100 TTJ 833 (Mum) Mumbai ITAT 5. Addl. CIT v. Jindal Steel & Power Ltd - 16 SOT 509 (ITAT Delhi). 6. Shree Cement Ltd v. The Addl. CIT Jaipur-ITA NO.503/JP/2012 (Jaipur ITAT) 54. In any view of the matter, several decision of the Tribunal listed below have taken a view consistent with a view taken by Tribunal in assessee's own case for A Y 2006-07. In the ci…

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

…ower &Ispat Ltd - 133 ITD 502 (Dilaspur ITAT) 2. Eveready Spinning Mills (P) Ltd v. ACIT, Circle-1, Tirupur - 17 Taxmann 254 (AY 2007-08) Chennai ITAT. 3. Assam Carbon Products Ltd v. ACIT - 100 TT J 224 (IT AT Kolkatta) 4. West Coast Paper Mills Ltd V. JCIT -100 TTJ 833 (Mum) Mumbai ITAT 5. Addl. CIT v. Jindal Steel & Power Ltd - 16 SOT 509 (ITAT Delhi). 6. Shree Cement Ltd v. The Addl. CIT Jaipur-ITA NO.503/JP/2012 (Jaipur ITAT) 54. In any view of the matter, several decision of the Tribunal listed below have taken a view consistent with a view taken by Tribunal in assessee's own case for A Y 2006-07. In the ci…

CENTURY TEXTILES AND INDUSTRIES LIMITED,MUMBAI vs. ASST. COMMISSIONER OF INCOME TAX – 6(2)(1), MUMBAI, MUMBAI

Accordingly, the grounds raised by the Assessee are allowed

ITA 2085/MUM/2022[2009-2010]Status: DisposedITAT Mumbai13 Dec 2022AY 2009-2010
Section 80Section 801ASection 80I

…rate at which the State Electricity Board Supplies electricity to similar types of consumers at the market value. The assessee also relied upon the cases i.e Principal CIT Vs. Gujarat Alkalies & Chemicals Ltd. (395 ITR 247), West Coast Paper Mills Vs. Jt. CIT(100 TTJ 833), ACIT VS. Jindal Steel & Power Ltd. (16 SOT 509) & CIT Vs. Godawari Power & Ispat Ltd., 42 Taxmann.com 551. However, on the other hand, the Ld. Representative of the Department has refuted the said contentions. Taking into account, facts and circumstances of the case, we noticed that the issue in question has duly been covered by the assessee's…

ASST COMM OF INCOME TAX -6(1) (1), MUMBAI vs. CENTURY TEXTILES AND INDUSTRIES LTD, MUMBAI

Accordingly, the grounds raised by the Assessee are allowed

ITA 1967/MUM/2022[2011-12]Status: DisposedITAT Mumbai13 Dec 2022AY 2011-12
Section 80Section 801ASection 80I

…rate at which the State Electricity Board Supplies electricity to similar types of consumers at the market value. The assessee also relied upon the cases i.e Principal CIT Vs. Gujarat Alkalies & Chemicals Ltd. (395 ITR 247), West Coast Paper Mills Vs. Jt. CIT(100 TTJ 833), ACIT VS. Jindal Steel & Power Ltd. (16 SOT 509) & CIT Vs. Godawari Power & Ispat Ltd., 42 Taxmann.com 551. However, on the other hand, the Ld. Representative of the Department has refuted the said contentions. Taking into account, facts and circumstances of the case, we noticed that the issue in question has duly been covered by the assessee's…

ASSTT COMM OF INCOME TAX 6(1) (1) , MUMBAI vs. CENTURY TEXTILES & INDUSTRIES LTD, MUMBAI

In the result, the appeal of the Revenue stands dismissed

ITA 1886/MUM/2022[2010-11]Status: DisposedITAT Mumbai29 Nov 2022AY 2010-11

Bench: Shri Aby T Varkey, Jm & Shri S Rifaur Rahman, Am आयकरअपीलसं/ I.T.A. No.1886 /Mum/2022 (निर्धारणवर्ा / Assessment Year: 2010-11) Asst. Commissioner Of Income Tax बिधम/ Century Textiles & Industries Ltd 6(1)(1) Vs. 2Nd Floor, Century Bhavan, Room No. 504, Aaykar Bhavan, Dr Annie Besant Road, M.K.Road, Churchgate, Worli, Mumbai- 400030 Mumbai- 400020 स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. : Aaacc2659Q (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri. Yogesh Thar Revenue By: Shri. Asif Karmani, Sr Ar सुनवाईकीतारीख / Date Of Hearing: 26/10/2022 घोषणाकीतारीख /Date Of Pronouncement: 29/11/2022 आदेश / O R D E R Per Aby T. Varkey, Jm:

For Appellant: Shri. Yogesh TharFor Respondent: Shri. Asif Karmani, Sr AR
Section 263Section 80Section 801ASection 80I

…ate at which the State Electricity Board Supplies electricity to similar types of consumers at the market value. The assessee also relied upon the cases i.e. Principle CIT Vs. Gujarat Alkalies & Chemicals Ltd. (395 ITR 247). West Coast Paper Mills Vs. Jt. CIT(100 TTJ 833). ACIT Vs. Jindal Steel & Power Ltd. (16 SOT 509) & CIT Vs. Godawari Power & Ispat Ltd., 42 Taxmann.com 551. However, on the other hand, the Ld. Representative of the Department has refuted the said contentions. Taking into account, facts and circumstances of the case, we noticed that the issue in question has duly been covered by the assessee's…

DCIT-LTU - 2, MUMBAI vs. AMBUJA CEMENTS LTD , MUMBAI

In the result, the appeal of the revenue is dismissed

ITA 2958/MUM/2019[2010-11]Status: DisposedITAT Mumbai07 Nov 2022AY 2010-11
Section 143(3)Section 14A

…power trading companies, is no longer res integra. There are several decisions of the coordinate benches holding that it is market value for the customer which must be adopted for this purpose, such as in the case of West Coast Paper Mills Ltd Vs JCIT [(2006) 100 TTJ 833 (Mum)]. The same were the views of another coordinate bench in ITA Nos. 1889 and 1241/Mum/2018, 2384, 2958, 3475 and 3843/Mum/2019 Assessment years: 2010-11, 2011-12 and 2012-13 Page 48 of 99 the case of Reliance Industries Ltd. Hon‟ble jurisdictional High Court has upheld the Tribunal‟s order holding that it is price to the consumer, and not th…

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

…e 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 rates of Inte…

M/S I G PETROCHEMICALS LIMITED ,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX CIRCLE-3(1)(1), BANGALORE

In the result, the disallowance u/s 40(a)(i) of the I

ITA 207/BANG/2018[2013-14]Status: DisposedITAT Bangalore18 Mar 2022AY 2013-14

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.S.Parthasarathi, AdvocateFor Respondent: Smt.S.Praveena, CIT-DR
Section 143(3)Section 40Section 80I

…he assessee, in the present case, has failed to establish that there is a separate undertaking with respect to the business activity. Similarly, the reliance placed on the ruling of Mumbai ITAT in the case of West Coast Paper Mills Limited v. JCIT reported in 100 TTJ 833, will not come to the rescue of the assessee because the appeal is with respect to allowability of deduction in case of captive generation / use of power. Said case is not dealing with existence of `an undertaking’. In other words, the learned AR has not been able to establish that there is a separate undertaking which is generating power so as t…

M/S.L.G PETROCHEMICALS LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

In the result, the disallowance u/s 40(a)(i) of the I

ITA 1957/BANG/2016[2012-13]Status: DisposedITAT Bangalore18 Mar 2022AY 2012-13

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.S.Parthasarathi, AdvocateFor Respondent: Smt.S.Praveena, CIT-DR
Section 143(3)Section 40Section 80I

…he assessee, in the present case, has failed to establish that there is a separate undertaking with respect to the business activity. Similarly, the reliance placed on the ruling of Mumbai ITAT in the case of West Coast Paper Mills Limited v. JCIT reported in 100 TTJ 833, will not come to the rescue of the assessee because the appeal is with respect to allowability of deduction in case of captive generation / use of power. Said case is not dealing with existence of `an undertaking’. In other words, the learned AR has not been able to establish that there is a separate undertaking which is generating power so as t…

M/S.L.G PETROCHEMICALS LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

In the result, the disallowance u/s 40(a)(i) of the I

ITA 1956/BANG/2016[2011-12]Status: DisposedITAT Bangalore18 Mar 2022AY 2011-12

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.S.Parthasarathi, AdvocateFor Respondent: Smt.S.Praveena, CIT-DR
Section 143(3)Section 40Section 80I

…he assessee, in the present case, has failed to establish that there is a separate undertaking with respect to the business activity. Similarly, the reliance placed on the ruling of Mumbai ITAT in the case of West Coast Paper Mills Limited v. JCIT reported in 100 TTJ 833, will not come to the rescue of the assessee because the appeal is with respect to allowability of deduction in case of captive generation / use of power. Said case is not dealing with existence of `an undertaking’. In other words, the learned AR has not been able to establish that there is a separate undertaking which is generating power so as t…

M/S.L.G PETROCHEMICALS LIMITED,BANGALORE vs. DEPUTY COMMISSIONER OF INCOME TAX, BANGALORE

In the result, the disallowance u/s 40(a)(i) of the I

ITA 1955/BANG/2016[2010-11]Status: DisposedITAT Bangalore18 Mar 2022AY 2010-11

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am

For Appellant: Sri.S.Parthasarathi, AdvocateFor Respondent: Smt.S.Praveena, CIT-DR
Section 143(3)Section 40Section 80I

…he assessee, in the present case, has failed to establish that there is a separate undertaking with respect to the business activity. Similarly, the reliance placed on the ruling of Mumbai ITAT in the case of West Coast Paper Mills Limited v. JCIT reported in 100 TTJ 833, will not come to the rescue of the assessee because the appeal is with respect to allowability of deduction in case of captive generation / use of power. Said case is not dealing with existence of `an undertaking’. In other words, the learned AR has not been able to establish that there is a separate undertaking which is generating power so as t…

D.C.I.T.,CIRCLA-10(2), KOLKATA vs. M/S BALARAMPUR CHINI MILLS LTD., KOLKATA

In the result, the appeal filed by the Revenue is dismissed

ITA 1672/KOL/2019[2016-17]Status: DisposedITAT Kolkata05 May 2021AY 2016-17

Bench: Sri J. Sudhakar Reddy & Sri Aby T. Varkey)

Section 142(1)Section 143Section 143(2)Section 250Section 3Section 6Section 8Section 80ASection 80ISection 92C

…sue also came up for consideration in several decisions of the Tribunal in the undernoted cases: (i) Assam Carbon Products Ltd. vs. ACIT (2006) 100 TTJ 224 (Kol) (ii) JCIT vs. Cipla Ltd. (2005) 2 SOT 617 (Mum) (iii) West Coast Paper Mills Ltd. vs. JCIT (2006) 100 TTJ 833 (Mum) (iv) Addl. CIT vs. Jindal Steel & Power Ltd. (2007) 16 SOT 509 (Del) Furthermore, it appears that during the subsequent assessment year also, the learned Tribunal has also accepted such position and the appeal preferred before this Court which was not pressed by the appeals at that point of time. Therefore, the law has already been settled…

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

…address obviously has to be the same as the assessee's power 13 M/s. Saf Yeast Company Private Limited generation undertakings are situated in the same premises as the yeast producing factory. The Mumbai Bench of ITAT in the case of West Coast Paper Mills, 100 TTJ 833 observed that Section 80IA of the Act does not speak of the consumption of power and there is no fetter against using the power generated for self consumption. The Bench was of the view that the assessee was eligible for deduction for power generated by the two DG sets, which was used for captive consumption. In taking this view, the Tribunal rel…

K.P.R.MILL LIMITED ,CHENNAI vs. ACIT CORPORATE CIRCLE 2 , COIMBATORE

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

ITA 1915/CHNY/2017[2013-14]Status: DisposedITAT Chennai24 Jan 2018AY 2013-14

Bench: Shri N.R.S. Ganesan & Shri S. Jayaramanआयकर अपील सं./Ita No.1915/Mds/2017 "नधा"रण वष" / Assessment Year : 2013-14

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Smt. Ruby George, CIT

…wer & Ispat Ltd - 133 ITD 502 (Dilaspur ITAT) 2. Eveready Spinning Mills (P) Ltd v. ACIT, Circle-1, Tirupur - 17 Taxmann 254 (AY 2007-08) Chennai ITAT. 3. Assam Carbon Products Ltd v. ACIT - 100 TT J 224 (IT AT Kolkatta) 4. West Coast Paper Mills Ltd V. JCIT -100 TTJ 833 (Mum) Mumbai ITAT 5. Add!. CIT v. Jindal Steel & Power Ltd - 16 SOT 509 (ITAT Delhi). 6. Shree Cement Ltd v. The Addl. CIT Jaipur-ITA NO.503/JP/2012 (Jaipur ITAT) 54. In any view of the matter, several decision of the Tribunal listed below have taken a view consistent with a view taken by Tribunal in assessee's own case for A Y 2006-07. In the c…

DY. C.I.T. 1(2), RAIPUR (CG) vs. M/S HIRA FERRO ALLOYS LTD.,, RAIPUR

In the result, appeal filed for assessment year 2010-11 is dismissed

ITA 360/BIL/2014[2011-12]Status: DisposedITAT Raipur18 Jan 2018AY 2011-12

Bench: S/Shri N.S Saini & Pavan Kumar Gadale

For Appellant: NoneFor Respondent: Shri P.K.Mishra, CIT DR
Section 14ASection 801ASection 80ISection 8Q

…2003-04) 5. DCTT-Cir-8, Kol Vs M/s ITC Limited in l.T.A.18 (Kol) of 2006 6. Thiru Anooran Sugars Limited Vs CIT [227 ITR 432 (SC)] 7.CIT Vs Orient Paper Mills Ltd [176 ITR 110 (SC)] Grindwell Norton [2 SOT 52] 8. West Coast Paper Mills Ltd Vs JCIT reported in 100 TTJ 833 9. CIT vs. Sipla Ltd., (2005) 2 SOT 617 (Mum) 10, Assam Carbon Products Ltd. Vs AC1T 100 TO 224 (Kol ITAT) Assessment Years : 2009-10, 2010-2011& 2011-12 6. After considering the submissions of the assessee and also the judicial decisions relied on before him, the CIT(A) deleted the disallowance made by the Assessing officer by observing as und…

Showing 1–20 of 37 · Page 1 of 2

West Coast Paper Mills Ltd. v. Jt. CIT (100 TTJ 833) — Cited in 37 Judgments | BharatTax