2018 (6) TMI 1503 - AT - Income Tax

Eligibility for claim of deduction u/s 80IA - sale receipts of sludge/waste oil eligible for deduction - AO was of the view that sale receipts of sludge/waste oil is only incidental not derived from the business of the assessee - Held that - Sludge/waste oil is bye-products which are used in the power generation, therefore, the same is part and parcel of business of the assessee and is eligible for deduction u/s 80IA of the Act. We find that similar issue has been decided by the coordinate bench of this Tribunal in assessee s own case for AY 2010-11 2015 (9) TMI 493 - ITAT HYDERABAD we hold that the assessee is eligible for claim of deduction u/s 80IA. - Decided in favour of assessee.

Summary

Issues involved:
Appeal against disallowance of deduction u/s 80IA for sale of sludge/waste oil as business income.

Analysis:
1. The appeals filed by the revenue challenged the orders of the Commissioner of Income-tax (A) for AY 2011-12 to 2015-16 regarding the disallowance of deduction u/s 80IA for the sale of sludge/waste oil by the assessee, engaged in power generation business. The Assessing Officer (AO) disallowed the deduction, considering the sale receipts as incidental and not directly derived from the business. The CIT(A), however, directed the AO to allow the deduction, citing that sludge/waste oil are by-products of the power generation business and directly attributable to it.

2. The revenue raised grounds of appeal against the CIT(A)'s decision, arguing that the sale of sludge/waste oil did not have a direct/proximate nexus with the industrial undertaking, as per the Supreme Court's decision in CIT Vs. Sterling Foods. The issue revolved around whether the sale receipts of sludge/waste oil qualified for deduction u/s 80IA. The revenue relied on the AO's order, while the assessee contended that the matter was already decided in their favor by a coordinate bench for AY 2010-11.

3. The Tribunal analyzed the provisions of section 80IA and 80HH, distinguishing between profits derived from an industrial undertaking and any business carried out by such undertaking. Referring to past decisions, including the Hon'ble Delhi High Court's ruling in CIT vs. Eltek SGS, the Tribunal upheld the CIT(A)'s decision. It concluded that the sale of sludge/waste oil, being a by-product of the power generation business, was directly attributable to the business activity of the assessee and thus eligible for deduction under section 80IA. The Tribunal dismissed the revenue's appeals, following the precedent set in the assessee's own case for AY 2010-11.

4. The Tribunal's decision on the issue was based on the direct nexus between the sale of sludge/waste oil and the industrial undertaking of power generation. By aligning with past judicial interpretations and the assessee's business operations, the Tribunal upheld the allowance of deduction u/s 80IA for the sale receipts, emphasizing the integral relationship between the by-products and the primary business activity.