2020 (12) TMI 85 - HC - Income Tax

Deduction u/s 80IA - captive power consumption - whether the benefit of such deduction under Section 80IA of the Act to the new Industrial Undertaking is available to the Assessee to the extent of power charges realised by it from the Group Company situated within the same premises where the Assessee manufactures or produces Electricity energy? - HELD THAT - The controversy is no longer res integra and the Assessee is clearly entitled to the benefit under Section 80IA of the Act on the Power Charges realised by it from their Sister Companies or Group Companies though situated in the same premises for the Electricity energy produced by it. See TAMILNADU PETRO PRODUCTS LTD. VERSUS ASSISTANT COMMISSIONER OF INCOME-TAX 2010 (11) TMI 645 - MADRAS HIGH COURT - Decided against revenue.

Summary

Issues:
- Interpretation of Section 80IA for deduction on captive power consumption in relation to Assessment Year 2006-2007.

Analysis:
1. The primary issue in this case revolves around the eligibility of the Assessee to claim a deduction under Section 80IA of the Act for captive power consumption. The question raised was whether the Assessee could avail the benefit of this deduction for power charges realized from a Group Company located within the same premises where electricity energy is produced.

2. The Tribunal allowed the Assessee's claim based on a previous decision of the jurisdictional High Court in the case of CIT v. Thiyagaraja Mills Limited. The Tribunal emphasized that the profit or gain derived by the Assessee from its own consumption of power generated by its power plants falls within the ambit of Section 80IA(1) of the Act, enabling the Assessee to claim deduction for the relevant assessment years.

3. The Tribunal's decision was supported by the judgment of the High Court, which rejected the notion that profit or gains could only be claimed if derived from the sale of products or power to an outsider. The High Court clarified that the expression 'derived' in Section 80IA(1) encompasses obtaining profit or gain from one's own consumption of the outcome of the business enterprise, without imposing restrictions on the source of such profit or gain.

4. The Assessee's entitlement to the benefit under Section 80IA of the Act was further reinforced by a subsequent decision of the Madras High Court in Tamil Nadu Petroproducts Limited v. Assistant Commissioner of Income Tax. The Assessee's right to claim deduction for power charges from Sister or Group Companies, even within the same premises, was affirmed based on these legal precedents.

5. Consequently, the Court found no merit in the Revenue's appeal, as the issue had been conclusively settled by previous judicial pronouncements. The Assessee's eligibility for deduction on captive power consumption was upheld, and the appeal was dismissed on the grounds of lacking any legal question for consideration.