2015 (8) TMI 110 - AT - Income Tax

Clean development mechanism receipts - revenue v/s capital receipts - Held that - Amount received on sale of carbon credit is capital in nature and therefore we reverse the orders of Commissioner of Income Tax (Appeals) and the Assessing Officer on this issue. See CIT Vs. My Home Power Ltd. 2014 (6) TMI 82 - ANDHRA PRADESH HIGH COURT - Decided in favour of assessee.

Summary

Issues involved: Appeal against Commissioner of Income Tax (Appeals) orders confirming clean development mechanism receipts as revenue receipts for assessment year 2009-10.

Analysis:
The Appellate Tribunal ITAT Chennai heard two appeals filed by assessees against the orders of the Commissioner of Income Tax (Appeals)-II, Coimbatore for the assessment year 2009-10. The main issue in both appeals was whether the clean development mechanism receipts should be considered as revenue receipts or capital in nature. The assessees contended that the receipts on account of carbon credits are capital in nature and do not have a profit or gain element. They relied on a decision of the Hon'ble Andhra Pradesh High Court in the case of CIT Vs. My Home Power Ltd. The Departmental Representative, on the other hand, supported the lower authorities in treating the receipts as revenue. After hearing both sides, the Tribunal found that the issue was squarely covered by the decision of the Hon'ble Andhra Pradesh High Court in the case of My Home Power Ltd. The Tribunal agreed with the factual analysis that carbon credits are not an offshoot of business but of environmental concerns, and therefore, the income from the sale of excess carbon credits is a capital receipt and not business income.

The Tribunal noted that the carbon credits were not directly linked with the power generation business of the assessee and that no asset was generated in the course of business but due to environmental concerns. Therefore, the Tribunal held that the amount received on the sale of carbon credits is capital in nature and reversed the orders of the Commissioner of Income Tax (Appeals) and the Assessing Officer on this issue. Consequently, both appeals of the assessees were allowed. The order was pronounced in open court on July 31, 2014, in Chennai.