2010 (7) TMI 1095 - AT - Income Tax

Summary

Issues Involved:
1. Disallowance u/s 145A
2. Disallowance u/s 14A
3. Disallowance u/s 80IA on electricity tax
4. Disallowance u/s 80IA on allocation of indirect expenses
5. Disallowance u/s 80IA on receipts from sludge and steam
6. Levy of interest u/s 234A, 234B, 234C, and 234D
7. Disallowance u/s 40A(9) on subsidy for employees' canteen

Summary:

1. Disallowance u/s 145A:
The assessee's ground of appeal regarding the disallowance of Rs. 2,62,40,633/- u/s 145A was dismissed as infructuous since the AO had already provided relief in the order passed u/s 154.

2. Disallowance u/s 14A:
The assessee did not press the ground related to the disallowance of Rs. 5,00,000/- u/s 14A, and it was dismissed as not pressed.

3. Disallowance u/s 80IA on electricity tax:
The AO excluded 5% of electricity charges amounting to Rs. 4,03,06,140/- from the exemption claimed u/s 80IA, which was confirmed by the CIT(A). The Tribunal, following its previous decisions in the assessee's own case, allowed the assessee's claim, holding that the electricity tax should be included in the market price for the purpose of deduction u/s 80IA.

4. Disallowance u/s 80IA on allocation of indirect expenses:
The AO allocated 25% of certain indirect expenses to the eligible business and disallowed Rs. 68,09,675/- from the exempt amount. The CIT(A) upheld this action. The Tribunal, following its previous decisions, allowed the assessee's claim, stating that only income derived from the industrial undertaking should be considered for deduction u/s 80IA, and indirect expenses not directly relatable to the industrial unit should be ignored.

5. Disallowance u/s 80IA on receipts from sludge and steam:
The AO disallowed the claim u/s 80IA on receipts from the sale of sludge and steam amounting to Rs. 53,31,084/-, which was confirmed by the CIT(A). The Tribunal, following its previous decisions, held that deduction u/s 80IA is not allowable on income from the sale of sludge but is allowable on income from the sale of steam.

6. Levy of interest u/s 234A, 234B, 234C, and 234D:
The assessee's ground challenging the levy of interest u/s 234A, 234B, 234C, and 234D was dismissed, as the charging of interest is mandatory and consequential in nature.

7. Disallowance u/s 40A(9) on subsidy for employees' canteen:
The AO disallowed Rs. 22,80,000/- u/s 40A(9) being subsidy paid for employees' canteen. The CIT(A) allowed the claim, following the Tribunal's orders in the assessee's own case for earlier years. The Tribunal, following its previous decisions, dismissed the Revenue's appeal on this issue.

Conclusion:
The appeal filed by the assessee was partly allowed, and the appeal filed by the Revenue was dismissed.