2015 (5) TMI 1019 - AT - Income Tax

Deduction claimed by the assessee u/s 80IA - Held that - Section 80IA clearly says that where the gross total income of an assessee includes any profits and gains derived by an undertaking or an enterprise from any business referred to in subsection( 4) shall be allowed deduction in computing total income of the assessee. Sub-section(4) of section 80IA says that an undertaking which was set up for generation or generation and distribution of power and begins to generate power at any time during the period beginning on the 1st day of April 1993 and ending on 31st March 2014 is eligible for deduction u/s 80IA of the Act. It is not in dispute that the assessee-company commenced generation of power before March 2014 and after 1st April 1993. Section 80IA(4)(iv) does not require an assessee to own the plant and equipment. Since the income of the assessee includes profits and gains derived from generation of power as held by the Madras High Court in M/s K.A. Infrastructure Pvt. Ltd. (2011 (10) TMI 641 - MADRAS HIGH COURT) the assessee is entitled for deduction u/s 80IA of the Act. - Decided in favour of assessee

Summary

Issues:
Deduction claimed by the assessee u/s 80IA of the Act.

Analysis:
The Revenue contended that the assessee did not meet the conditions of section 80IA as it did not set up the power generating unit and did not own it, citing a judgment by the Madras High Court regarding a similar issue under section 80J. The Revenue argued that since the power generating unit was set up by another entity, the assessee was not entitled to the deduction.

On the other hand, the assessee argued that it was engaged in the business of generating electrical energy and entered into a lease agreement with M/s Kanishk Steel Industries Ltd. to operate a waste heat recovery plant for generating electricity. The assessee claimed that it met the requirements of section 80IA as it was involved in the generation and distribution of power, even though it did not own the plant and equipment.

The Tribunal examined the provisions of section 80IA, which allow deduction for profits derived from businesses related to power generation, without explicitly requiring ownership of the plant and equipment. The Tribunal relied on a judgment by the Madras High Court in a similar case, where it was held that the deduction under section 80IA is available to undertakings engaged in power generation, irrespective of ownership. The Tribunal concluded that the assessee met the criteria for deduction under section 80IA based on the interpretation of the law and the precedent set by the Madras High Court.

Therefore, the Tribunal upheld the order of the Commissioner of Income-tax (Appeals) and dismissed the appeal of the Revenue, confirming the entitlement of the assessee to the deduction under section 80IA for the assessment year in question.