2015 (1) TMI 523 - HC - Income Tax

Deduction u/s 80IA - generation of electricity would not amount to production of goods and article and hence not entitled to deduction u/s 80 IA of the Act? - Held that - As there is a confusion in the mind as regards the granting of relief under Chapter VIA . When there is a specific provision to consider the claim on generation and distribution of energy under Section 80IA and on the admitted fact that the assessee s windmills are located in a backward area, the Tribunal and the other authorities should have adverted their attention to the specific provision for deduction, i.e., Section 80IA. Since the original authority has already declined to grant deduction under Section 80IA. The Tribunal shall therefore, re-examine the issues above in the light of the claim under Section 80IA. - Decided in favour of assessee by way of remand.

Summary

Issues:
1. Entitlement to deduction u/s 80IA for profits from wind electricity generators.
2. Whether generation of electricity amounts to production of goods for deduction u/s 80IA.

Analysis:
1. The appellant, engaged in electricity business, filed a return for the assessment year 1998-99 claiming a deduction u/s 80IA for income from wind power generation. The assessment was reopened, disallowing the claim under Section 80 IA. The CIT (Appeals) upheld this decision, citing the applicability of Section 80 IA(2)(v) based on a previous case. The Tribunal, referencing a different case, ruled against the appellant's claim, leading to the present appeal challenging the decision (Para 2-3).

2. The appellant argued that the Tribunal dismissed the appeal without considering the merits of the claim under Section 80IA, solely relying on a previous case. Citing a judgment in a similar case, the Court highlighted the confusion in applying deductions under Chapter VIA and directed a remand for reconsideration under Section 80IA. The Court found similarities in the present case, leading to the decision to remand the matter back to the Tribunal for a fresh examination of the issues under Section 80IA (Para 5-6).

3. The Court allowed the appeal by way of remand to the Tribunal, emphasizing the need for the Tribunal to re-examine the issues in light of the claim under Section 80IA since the original authority had denied the deduction. The Tribunal was directed to address the substantial questions of law raised in the appeal, without imposing costs on either party (Para 7-8).