TMI Blog2013 (4) TMI 577X X X X Extracts X X X X X X X X Extracts X X X X ..... is remitted back to the Assessing Officer to allocate overhead expenses between the eligible units in the power generation unit and the non-eligible units in the cement manufacturing unit, clearly pinpointing the expenditure to be allocated. This appeal is therefore, set aside for statistical purposes. - ITA.No.448/Hyd/2012 - - - Dated:- 17-4-2013 - Shri Chandra Poojari And Smt. Asha Vijayaraghavan,JJ. For the Appellant : Shri V. Shiva Kumar For the Respondent : Smt. Amisha S. Gupt (D. R.) ORDER Per Smt. Asha Vijayaraghavan, J.M. 1. The assessee-company had filed its return of income on 26.10.2005 for the assessment year 2005-2006 declaring income of Rs.1,92,65,136/-. In the course of the scrutiny assessment proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the Assessing Officer should adopt the realistic unit rate based on power purchase agreements and issued a direction to the Assessing Officer on the issue of Rs. 10 lakhs in respect of non 80-IA unit as expenditure. 4. The department filed appeal to the Hon'ble I.T.A.T. on the Order of the CIT (A). The I.T.A.T. held that CIT (A) cannot take up the debatable issue which may be discovered by the complicated process of investigation or argument under section 154 of the Act. Thereafter, the assessee-company filed an appeal with a delay of 859 days which was admitted by the CIT (A) and the CIT (A) at para-7 of his order decided the issue of reduction in the amount of the deduction claimed under section 80IA of the Act as follows :- "7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itted that for the purpose of computing the income derived from power generation, the assessee allotted expenditure of overheads between the eligible unit in the power generation unit and the non-eligible unit in the cement manufacturing unit. It was pointed out by the learned Counsel that the assessee has been following this practice for the past several years and the same has been accepted by the department in all the years. The Counsel has also furnished a report of audit as required under section 80-IA duly complied by the Accountant. The learned Counsel for the assessee submitted that the Assessing Officer has wrongly observed that the assessee has taken expenses on account of vehicles, printing and stationery, administrative expenses, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... penditure, he should have examined and ascertained the same and pinpointed as to how the various items of expenditure are not allocated properly. In these circumstances, the issue is remitted back to the Assessing Officer to allocate overhead expenses between the eligible units in the power generation unit and the non-eligible units in the cement manufacturing unit, clearly pinpointing the expenditure to be allocated. This appeal is therefore, set aside for statistical purposes. It is needless to say that the Assessing Officer is required to give reasonable opportunity of being heard to the assessee before deciding the issue. 8. In the result, appeal of the assessee is allowed for statistical purposes. - - TaxTMI - TMITax - Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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