2021 (7) TMI 1387 - HC - Income Tax

Deduction u/s 80IA - Whether DG Power Generation units 1 and II are entitled to the benefit of Sec. 80IA? - ITAT held that DG Power Generation Units 1 and II constituted an undertaking under Sec. 80 IA of the Income tax Act - HELD THAT - By following the reasoning and conclusion recorded 2019 (3) TMI 1549 - KERALA HIGH COURT the substantial questions of law raised as question nos.3 and 4 are answered in favour of the assessee and against the Revenue.

Summary

Issues:
1. Deduction for bonus claimable and paid in different assessment years
2. Allowability of claim for acquisition of revenue items under Section 37 of the Act
3. Classification of DG Power Generation Units as an "undertaking" under Sec. 80 IA of the Income tax Act
4. Entitlement of DG Power Generation units to the benefit of Sec. 80 1A of the Income tax Act

Analysis:
1. The first issue pertains to the deduction for bonus claimable and paid in different assessment years. The Tribunal allowed the deduction for the bonus in the Assessment Year 2003-04, which was claimable and paid in the Assessment Year 2002-03. The substantial question of law raised was whether this treatment was correct under Section 43B of the Income Tax Act. The Court upheld the Tribunal's decision in favor of the assessee, dismissing the appeal from the Revenue.

2. The second issue revolves around the claim of Rs. 2,32,93,575 spent for the acquisition of revenue items and its allowability under Section 37 of the Act as current expenses. The Tribunal had allowed this claim, and the substantial question of law was whether this allowance was legally justified. The Court, following its reasoning in a previous case, upheld the Tribunal's decision in favor of the assessee against the Revenue, resulting in the dismissal of the appeal.

3. Moving on to the third issue, it concerns the classification of DG Power Generation Units 1 and II as an "undertaking" under Sec. 80 IA of the Income tax Act. The Tribunal had held that these units constituted an undertaking under the relevant section. The Court, relying on its previous judgment in similar cases, sided with the assessee, answering the substantial question of law in favor of the assessee and against the Revenue, ultimately dismissing the appeal.

4. Lastly, the fourth issue addresses the entitlement of DG Power Generation units to the benefit of Sec. 80 1A of the Income tax Act. The Tribunal had allowed this benefit to the units. The Court, following its previous decisions on similar matters, ruled in favor of the assessee, dismissing the appeal from the Revenue without any order as to costs.