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2022 (11) TMI 1416 - AT - Income TaxDeduction u/s 80IA - sale/supply of electricity to its own units adopting the rate at which SEB's supply electricity to other consumers - adopting the market price of power supplied to captive unit at the rate of which the State Electricity Board supplies electricity, with regard to deduction - HELD THAT:- We note that on this issue the Ld.CIT(A) has decided in favour of assessee by following the decision of the Tribunal in AY 2006-07 and deleted sum as disallowed by AO wherein as ITAT has adopted the selling rate of electricity to SEB's as the market rate rejecting the department's finding that the rate adopted by Power Distribution Agencies is the market rate to be adopted. We note that the Tribunal in AY 2007-08 to AY 2009-10 has allowed assessee’s appeal regarding this issue. Since the Ld.DR could not point out any change in facts or law vis a vis that of the earlier years as decided by the Tribunal in assessee’s case as noted (supra), we are inclined to uphold the impugned action of CIT(A). Appeal of the Revenue stands dismissed.
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