2012 (9) TMI 1079 - HC - Income Tax

Adjustment of electricity price charged by the CPP unit from the general unit - computing the deduction u/s 80IA made in respect of market value of electricity generated by the appellant ought to have been accepted at 5.29 per unit as adopted by the appellant - addition made u/s 80IA on account of exclusion of electricity duty -

Summary

Issues:
1. Adjustment of electricity price charged by the CPP unit from the general unit
2. Computation of deduction u/s 80IA for market value of electricity generated
3. Deletion of addition made u/s 80IA on account of exclusion of electricity duty

Analysis:
1. The appellant Revenue challenged the order of the Income Tax Appellate Tribunal regarding the adjustment of electricity price charged by the CPP unit from the general unit. The Tribunal had deleted the addition made in this respect. The High Court referred to a previous judgment in a similar case and found that the impugned order did not raise any legal question. Consequently, the appeal was dismissed.

2. The second issue involved the computation of deduction under section 80IA for the market value of electricity generated by the appellant. The appellant contended that the value should be accepted at Rs. 5.29 per unit, as adopted by them. However, the High Court, relying on a previous judgment in a related case, dismissed the appeal stating that no legal question arose from the Tribunal's order in this matter.

3. The final issue concerned the deletion of an addition made under section 80IA due to the exclusion of electricity duty. The appellant contested the deletion of Rs. 8,27,95,051 made by the Tribunal. The High Court, following the reasoning of a previous judgment, dismissed the appeal as it did not find any legal question arising from the Tribunal's decision on this issue. The Assessment Year was 2005-06, corresponding to the Financial Year 2004-05.