TMI Blog2019 (11) TMI 1696X X X X Extracts X X X X X X X X Extracts X X X X ..... see - HELD THAT:- By investing in the wind mill, the assessee has saved itself from the cost of purchasing power from the Tamil Nadu Electricity Board. Obviously, it is what the assessee saves that is to be considered and not the price at which the Tamil Nadu Electricity Board would have purchase power from the assessee s wind mill. The Tamil Nadu Electricity Board could purchase power at ₹ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst ₹ 2.90 per unit adopted by the Assessing Officer - Decided in favour of assessee. - ITA No. 1294/Chny/2019 - - - Dated:- 27-11-2019 - Shri George Mathan, Judicial Member And Shri Inturi Rama Rao, Accountant Member For the Appellant : Mr. K. Raghu, C.A. For the Respondent : Ms. R. Anitha , JCIT ORDER PER SHRI GEORGE MATHAN, JUDICIAL MEMBER : This is an ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as supplying electricity to the assessee. It was a submission that the Assessing Officer adopted a figure of ₹ 2.90 paise per unit which being the purchase price of power by the Tamil Nadu Electricity Board from other wind mill owners. It was a submission that by captive consumption, the assessee had saved at the rate of the purchase price and for determining the actual profit generated by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate of ₹ 3.59 per unit being the price at which the Tamil Nadu Electricity Board purchased power from the wind mill owners during the assessment year 2013-14. It was a submission that the actual cost that would have incurred by the assessee if the captive consumption was not done was to be adopted. 4. In reply, the learned Departmental Representative vehemently supported the order of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Board. Contrary to the infrastructure of TNEB is the infrastructural cost of the assessee representing the investment in the wind mill which is a depreciable asset also. Therefore, it is not the price at which the Tamil Nadu Electricity Board would purchase the power from the assessee that is to be adopted but the price and costs that the assessee saves by making the investment and doing captive c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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