2010 (3) TMI 1249 - AT - Income Tax

Summary

Issues involved:
The judgment involves appeals by the revenue and cross objections by the assessee against different orders of CIT(A)-III, Hyderabad for assessment years 2004-05 to 2006-07, addressing issues related to deduction u/s 80 IA on captive consumption of power generated by the assessee, and deduction towards prepayment premium paid to IDBI & ICICI Bank as revenue expenditure.

Deduction u/s 80 IA on captive consumption of power:
The common issue in the appeals filed by the revenue pertains to the allowability of deduction u/s 80 IA on captive consumption of power generated by the assessee. The Tribunal referred to a previous order in the case of West Coast Paper Mills Ltd., Vs. ACIT, where it was held that the claim for deduction u/s 80IA should be granted in cases of captive consumption of power. However, the Tribunal emphasized that deduction u/s 80IA must be computed after deduction of notional brought forward losses and depreciation of eligible business, as per the specific provisions of section 80IA(5) and the decision in the case of ACIT Vs. Gold Mines Shares & Finance (P) Ltd. Consequently, the assessing officer was directed to compute the deduction u/s 80IA in accordance with the provisions of the Income Tax Act, 1961.

Deduction towards prepayment premium:
In ITA No.311/Hyd/2009, the ground of appeal was related to the granting of deduction towards prepayment premium paid to IDBI & ICICI Bank as revenue expenditure. After hearing both parties and considering the facts, the Tribunal noted that this issue had been previously decided in favor of the assessee in the assessment year 2002-03. Accordingly, the Tribunal dismissed this ground of the Revenue, resulting in the partial allowance of all the appeals filed by the Revenue.

Cross objections - Allowability of depreciation on intangible assets:
The cross objections filed by the assessee raised common grounds regarding the allowability of depreciation on intangible assets (goodwill) acquired during the amalgamation of Coastal Papers Ltd. The Tribunal, after hearing both parties and considering previous decisions in the assessee's own case for assessment years 2002-03 and 2003-04, decided in favor of the assessee. Consequently, all the cross objections filed by the assessee were allowed in full, while the Revenue Appeals were partly allowed.

This consolidated order by the Appellate Tribunal ITAT Hyderabad, pronounced on 31.3.2010, addressed the aforementioned issues comprehensively, providing clarity on the allowability of deductions and expenditures in the context of the Income Tax Act, 1961.