2017 (11) TMI 1480 - AT - Income Tax

Disallowance of deduction u/s 80IA - For generation of cooling power restricted the claim of rate of conversion of 1 Tonne of refrigeration equal to 3.52KW of electric power to 1.02 KW of electric power and for generation of steam power he directed an ad-hoc reduction of 25% of the notion receipts from the sale of steam power - Held that - That the assessee has generated steam power from bio-gas,(ii) Generation of cooling power from cooling towers and (ii) Cooling Power from Ammonia Absorption Refrigeration Plant These are entitled for deduction under section 80IA of the Act at their plants at Sandila and Chiplun for the AY 2005-06 to 2008-09. We agree with the findings of CIT(A) on the above reasoning recorded. Even, the assessee s power unit is established as part of existing industrial establishment and the newly established unit itself is an integrated independent unit in which new plant and machinery is put up and that why these is capable of production are classified as newly established undertaking in the given facts and circumstances of the case. Quantum of deduction, the assessee has to take the electricity rate of Maharashtra State Electricity Board and U.P. State Electricity Board as a base for computing the rates. The notional sale value is to be converted from TR to KW, the conversion of the Tons of Refrigeration to Kilowatts being the unit of measurement for electric power, it should be taken at 1 Refrigeration Tonne 3.5168525 KW (rounded off to 3.51 KW). However the details can be verified by the AO at the time of giving effect to this order. Accordingly, this inter-connected issue for claim of deduction under section 80IA of the Act is allowed in favour of assessee. This issue of assessee s appeals is allowed and that of the Revenue s is dismissed. Disallowance of distribution expenses - Held that - As noticed that the issue is common in all the years of the assessee s appeals and the facts are exactly identical. as concluding that these expenses are incurred wholly and exclusively for the purpose of business. Further, this disallowance is bad in law and must be quashed because no incriminating material was found during the search.- Decided in favour of assessee.

Issues Involved:

1. Deduction under Section 80IA for generation of steam power.
2. Deduction under Section 80IA for generation of cooling power.
3. Whether the generation of steam is a form of power eligible for deduction under Section 80IA.
4. Whether separate undertakings were set up for the production of Instant Dry Yeast.
5. Whether the undertakings were established by splitting the old existing business for the purposes of Section 80IA.
6. Quantum of deduction under Section 80IA.
7. Disallowance of distribution expenses.

Detailed Analysis:

1. Deduction under Section 80IA for Generation of Steam Power:
The assessee claimed deduction under Section 80IA for the generation of steam power at its Sandila and Chiplun plants. The Assessing Officer (AO) disallowed the deduction, arguing that steam power is not a form of power eligible for deduction under Section 80IA(4)(iv) of the Income Tax Act, 1961. The AO stated that the term "power" in common parlance means electricity, and since steam power is not electricity, it does not qualify for the deduction. However, the CIT(A) allowed the deduction, stating that the term "power" has not been defined in the Act to mean only electrical power and should be understood in its natural meaning, which includes steam power.

2. Deduction under Section 80IA for Generation of Cooling Power:
The assessee also claimed deduction under Section 80IA for the generation of cooling power from cooling towers at its Sandila and Chiplun plants. The AO disallowed the deduction on similar grounds as the steam power, stating that cooling power is not a form of power eligible for deduction. The CIT(A) allowed the deduction, following the same reasoning as for steam power, that the term "power" includes cooling power.

3. Whether the Generation of Steam is a Form of Power Eligible for Deduction under Section 80IA:
The CIT(A) and various judicial pronouncements, including the ITAT in SIAL SBEC Bioenergy Ltd. vs. DCIT and the Hon'ble Madras High Court in Tanfac Industries Ltd., have held that steam is a form of power. The term "power" includes any form of energy capable of doing work, such as mechanical, electrical, or thermal energy. Therefore, the generation of steam qualifies as the generation of power under Section 80IA.

4. Whether Separate Undertakings were Set Up for the Production of Instant Dry Yeast:
The AO contended that no separate undertaking was set up for the production of Instant Dry Yeast, and it was manufactured in an existing undertaking, which amounts to splitting the old business. The CIT(A) disagreed, stating that the assessee's power generation undertakings are independent and distinct from the yeast manufacturing factory, with separate plant and machinery, labor, and operations.

5. Whether the Undertakings were Established by Splitting the Old Existing Business for the Purposes of Section 80IA:
The CIT(A) held that the assessee's power generation undertakings were not established by splitting the old existing business. The undertakings had separate plant and machinery and were set up with substantial fresh capital investment. The CIT(A) relied on judicial precedents that allow deduction for new undertakings even if they are part of an existing business, provided they are independent and capable of production.

6. Quantum of Deduction under Section 80IA:
The CIT(A) restricted the quantum of deduction for cooling power by adopting a lower conversion rate of 1 Tonne of Refrigeration equal to 1.02 KW of electric power instead of 3.52 KW adopted by the assessee. For steam power, the CIT(A) directed an ad-hoc reduction of 25% of the notional receipts from the sale of steam power. The Tribunal held that the conversion rate of 1 TR = 3.5168525 KW is a standard conversion and should be applied. The Tribunal also held that the notional sale value should be based on the electricity rates of the respective State Electricity Boards.

7. Disallowance of Distribution Expenses:
The AO disallowed distribution expenses on an ad-hoc basis, which was confirmed by the CIT(A). The assessee conceded the issue due to the smallness of the amount involved, stating that this concession should not be used as a precedent for other years or proceedings.

Conclusion:
The Tribunal allowed the deduction under Section 80IA for the generation of steam power and cooling power, holding that these forms of power qualify for the deduction. The Tribunal also directed that the quantum of deduction should be computed based on the standard conversion rates and the electricity rates of the respective State Electricity Boards. The issue of disallowance of distribution expenses was dismissed based on the assessee's concession.

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