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2019 (12) TMI 499 - AT - Income TaxDeduction u/s 80IA(4) - sale of steam - operation of captive power plant - AO asked the assessee to explain why the deduction u/s. 80IA(4) should not be disallowed since the same is claimed on vapour income and vapour does not fall within the meaning of power - Reliance placed in the case of M/S. NR. AGARWAL INDUSTRIES LTD. VERSUS THE DCIT., CENT. CIR-3, SURAT 2014 (1) TMI 1289 - ITAT AHMEDABAD wherein as para 3 of the order the issue of deduction u/s. 80IA(4) on steam was restored to the file of the ld. CIT(A) for deciding the issue de-novo. Reliance also placed on the decision of Co-ordinate Bench in the case of THE ACIT (OSD) -1, AHMEDABAD VERSUS J.H. KHARAWALA PVT. LTD. 2015 (4) TMI 1282 - ITAT AHMEDABAD wherein the issue of deduction u/s. 80IA(4) on the value of steam is decided in favour of the assessee. Thus, the assessing officer is directed to allow the claim of the assessee of deduction u/s 80IA(4) on steam - appeal of assessee allowed.
Issues Involved:
1. Whether steam qualifies as "power" for the purposes of deduction under section 80IA(4) of the Income Tax Act. 2. Whether the lower authorities correctly dismissed the assessee's cross objection regarding the deduction under section 80IA(4). Issue-wise Detailed Analysis: 1. Whether steam qualifies as "power" for the purposes of deduction under section 80IA(4) of the Income Tax Act: The primary issue revolves around whether steam can be considered as "power" under section 80IA(4) of the Income Tax Act, which provides deductions for profits derived from the generation and distribution of power. The assessing officer disallowed the deduction claimed by the assessee on the grounds that steam does not fall within the meaning of power, referring to several judicial precedents including the Supreme Court's decisions in Pandian Chemical Ltd. vs. CIT and Cambay Electronic Supply Industrial Company Ltd. vs. CIT, which emphasize a direct nexus between business profits and essential business activities for such deductions. The assessee contended that steam is a form of power and cited the decision of CIT(A) for the assessment year 2007-08, which supported this view. The ITAT Ahmedabad, in the case of M/s N.R. Agricultural Industrial Ltd. vs. DCIT, had previously held that steam is not power. However, during the appellate proceedings, the ITAT reconsidered the matter in light of other decisions, particularly the West Coast Paper Mills Pvt. Ltd. vs. CIT, which recognized steam as a form of power. The Tribunal noted that the term "power" encompasses various forms of energy, including mechanical, electrical, and thermal energy, and that steam, being a form of energy, qualifies as power. The Tribunal relied on the dictionary meaning of "power" and judicial precedents, including Sial SBEC Bioenergy Ltd. and Maharaja Shri Umaid Mills Ltd., which have held that steam generation qualifies for deduction under section 80IA(4). The Tribunal concluded that the generation/production of steam is a form of power, and thus, the assessee's unit set up for generating steam for its manufacturing process can be considered a power-generating undertaking eligible for deduction under section 80IA(4). 2. Whether the lower authorities correctly dismissed the assessee's cross objection regarding the deduction under section 80IA(4): The lower authorities, including the CIT(A), dismissed the assessee's appeal for deduction under section 80IA(4) based on the earlier decision of the ITAT Ahmedabad in the case of NR Agrawal Industries, which did not recognize steam as power. The assessee filed a Miscellaneous Application, contending that the ITAT's finding that the cross objection was not pressed was a mistake and requested adjudication on the merits. Upon review, the ITAT allowed the Miscellaneous Application and adjudicated the cross objection on its merits. The Tribunal examined the decisions of various benches and judicial precedents, including the West Coast Paper Mills Pvt. Ltd. and J.H. Kharawala Pvt. Ltd., which supported the view that steam qualifies as power. Consequently, the Tribunal directed the assessing officer to allow the assessee's claim for deduction under section 80IA(4) on steam, thereby overturning the lower authorities' dismissal of the cross objection. Conclusion: The Tribunal concluded that steam qualifies as "power" under section 80IA(4) and directed the assessing officer to allow the deduction claimed by the assessee. The cross objection of the assessee was allowed, and the order was pronounced in the open court on 26-11-2019.
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