2011 (11) TMI 676

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.....B. Naik, CIT-DR For the Respondent : Shri Vikram Vijayaraghavan O R D E R PER HARI OM MARATHA, JUDICIAL MEMBER: These appeals of the Revenue pertaining to assessment years 2007-08 and 2008-09, are directed against the common order of the ld. CIT(A)-I, Coimbatore, dated 25.4.2011. 2. Briefly stated, the facts of the case are that the assessee, a company registered under the Companies Act, 195....

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....ctricity to the Tamil Nadu Electricity Board (TNEB) under a Power Purchase agreement dated 20.11.1996. Pursuant to this agreement, the said company had entered into a fuel supply agreement on 29.4.1998 with Neyveli Lignite Corporation(NLC) whereby NLC agreed to supply lignite to the said company. It called for bids from contractors to construct, own, operate and maintain a Lignite Transport System....

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....mplying with all rules and regulations. This contract was also pursuant to the contract between ST-CMS and the Southern Railways whereby the assessee was permitted to be employed as a contractor. The assessee had also set up a sewage treatment plant pursuant to the order of the Pollution Control Board, dated 28.6.2002. After getting approval of the Pollution Control Board, the TNEB, vide its order....

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....t with the Central or State Government, Local Authority or any Statutory Body for - (i) developing or (ii) operating and maintaining or (iii) developing, operating and maintaining a new infrastructure facility According to the Assessing Officer, the assessee had only an agreement with ST-CMS Electric Company Pvt. Ltd., so it did not satisfy the requirements of section 80IA. But the ld. CIT(A) ....