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2019 (12) TMI 499 - AT - Income TaxDeduction u/s 80IA(4) - sale of steam - operation of captive power plant - AO asked the assessee to explain why the deduction u/s. 80IA(4) should not be disallowed since the same is claimed on vapour income and vapour does not fall within the meaning of power - Reliance placed in the case of M/S. NR. AGARWAL INDUSTRIES LTD. VERSUS THE DCIT., CENT. CIR-3, SURAT [2014 (1) TMI 1289 - ITAT AHMEDABAD] wherein as para 3 of the order the issue of deduction u/s. 80IA(4) on steam was restored to the file of the ld. CIT(A) for deciding the issue de-novo. Reliance also placed on the decision of Co-ordinate Bench in the case of THE ACIT (OSD) -1, AHMEDABAD VERSUS J.H. KHARAWALA PVT. LTD. [2015 (4) TMI 1282 - ITAT AHMEDABAD] wherein the issue of deduction u/s. 80IA(4) on the value of steam is decided in favour of the assessee. Thus, the assessing officer is directed to allow the claim of the assessee of deduction u/s 80IA(4) on steam - appeal of assessee allowed.
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