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TMI Blog2008 (6) TMI 255X X X X Extracts X X X X X X X X Extracts X X X X ..... hichever of the two be the item under consideration. Definition of word ' generate' u/s. 2(29) of the Electricity Act, 2003 as per which 'generate' means to produce electricity from a generating station for the purpose of giving supply to its any premises or enabling a supplier to be so given. The 'power' and 'energy' are synonymous, which can be in several types and forms, be it heat, which is steam or mechanical or electrical, wind or be it thermal. As per the Cambridge International Dictionary of English, the steam is the hot gas that is produced when water boils; steam can be used to provide power, steam turbines of a steam engine/locomotive of the age of steam. Thus there is no doubt, like el ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntative has basically relied upon the assessment order denying the claim of deduction under s. 80-IA(4)(v) of the Act on the basis that the relief under these provisions of the law is available only in the case of generation or generation and distribution of electricity whereas the steam is only produced. He submitted that s. 80-IA(4)(iv)(b) and (c) talks about transaction and distribution lines hence it is clear that s. 80-IA(4)(iv) in case of only electricity generation or generation and distribution provides relief and not in the case of production of steam. 4, The learned Authorised Representative on the other hand while relying upon the first appellate order submitted that in relation to the process of generation of 'electricity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other. Hence while dealing with one sub-clause, inference need not and cannot be drawn from the other sub-clause. He submitted that the word 'power' used in s. 80-IA(4)(iv)(a) has not been specifically defined for the purpose of relevant provisions. As such, the dictionary meaning of the same need to he looked into like, there are transmission and distribution lines for electricity, there are transmission and distribution lines for steam too. He submitted further that in the present case of undertaking, power generation unit of the assessee was conceived ab initio to have the system of waste heat recovery for generation of steam of required pressure which could also be made available for the operations of the textile unit of the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1992) 196 ITR 188 (SC) (x) A.G.S. Tiber Chemicals Industries (P) Ltd. vs. CIT (1997) 141 CTR (Mad) 467 : (1998) 233 ITR 207 (Mad) (xi) CIT vs. Vegetable Products Ltd. 1973 CTR (SC) 177 : (1973) 88 ITR 192 (SC) (xii) CIT vs. Naga Hills Tea Co. Ltd. 1973 CTR (SC) 329 : (1973) 89 ITR 236 (SC) (xiii) CIT vs. Podar Cement (P) Ltd. Etc. (1997) 141 CTR (SC) 67 : (1997) 226 ITR 625 (SC) The learned Authorised Representative referred pp. 13 to 25 of the paper book i.e. note on utilization of steam in the textile unit of the company, audit report, balance sheet and P L a/c for the year ended 31st March, 2003 in respect of power generation unit, gas base route. 5. Considering the above submissions, we find substance in the argument ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration and distribution of power; second, which start transmission or distribution lines; and the third, which undertakes substantial renovation and modernization of the existing network of transmission or distribution lines. All these three clauses deal with the three different categories of the undertaking. These three types of undertakings referred to in the said sub-cls. (a), (b) and (c) are different and independent of each other. Thus while dealing (with) one sub-clause, inference need not and cannot be drawn from the other sub-clause. On perusal of these provisions, we agree with the plea of the learned Authorised Representative that case of the assessee falls in sub-cl. (a) itself and the legislative intent inferred by the AO with r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rom the decision of Delhi Bench of the Tribunal in the case of Sial SBEC Bioenergy Ltd. vs. Dy. CIT on an identical issue wherein dealing with the matter in detail, it has been held that the word 'power' has to be given a meaning which is in common parlance and in common parlance the word 'power' shall mean the energy only. The energy can be of any form, be it mechanical, be it electrical, be it wind or be it thermal. The steam produced by the assessee on the principle of interpretation of statute shall only be termed as power and shall qualify for the benefits available under s. 80-IA(iv), held the Tribunal. Under these circumstances, we fully concur with the decision on the issue arrived at by learned CIT(A) that assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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