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2019 (1) TMI 1410 - AT - Income TaxDeduction u/s 80IA - assessee-company is engaged in the business of paddy milling and sale of rice and its bi-products, apart from generation of bio-mass - AO has disallowed excess claim made by the assessee under section 80IA and the same is added to the total income of the assessee - Held that:- As decided in assessee own case [2017 (12) TMI 1396 - ITAT VISAKHAPATNAM] it is clear that for the purpose of 80IA, profit of eligible undertaking has to be determined on the basis of actual lending cost of electricity purchased by the assessee from Tamilnadu Electricity Board and the tribunal has come to a conclusion by following the decision in the case of Jindal Steel and Power Ltd. [2007 (6) TMI 308 - ITAT DELHI] and also the case Bombay Bench of the Tribunal in the case of West Coast Paper Mills Ltd. Vs. JCIT [2005 (6) TMI 547 - ITAT MUMBAI]. Reopening of assessment - Held that:- In this year, it is a third round of assessment, whereas for the remaining two assessment years, this is a second round of litigation. By observing the above, the ld. CIT(A) quashed the reopening by following the decision of the Tribunal. Before us, DR has not pointed out any error committed by the ld. CIT(A). He simply relied on the grounds. For the Assessment Year 2009-10 original assessment was completed under section 143(3) on 30/12/2010. Subsequently, the order was revised under section 143(3) r. w. s. 153C and 263 dated 17/05/2013 again assessment was reopened and assessment is completed under section 143(3) r. w. s. 147 of the Act dated 31/08/2016. For the remaining assessment years, assessments were completed under section 143(3) of the Act. Therefore, the CIT(A) came to a conclusion that it is a change of opinion and therefore, notice issued under section 148 of the Act is not valid. We find no reason to interfere with the order passed by the ld. CIT(A).
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