9911796707
TMI Blog2015 (1) TMI 523X X X X Extracts X X X X X X X X Extracts X X X X ..... sp; 1) Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the appellant is not entitled to deduction u/s 80IA of the Act of the profits from the generation of electricity through wind electricity generators for the assessment year 1999-00? 2) Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the 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? 2. The appellant/assessee is engaged in the business of electricity and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . It is pointed out by the learned counsel that without considering the merits of the appellant's claim under Section 80IA, the Tribunal had proceeded to dismiss the appeal primarily on the ground that the decision in Tamil Nadu Chlorates case (ITA No.307/2000) is squarely applicable to the facts of the case. It was pointed out by the learned counsel at the time of hearing that this Court in TCA No.1360/06, etc. vide order dated 23.7.12, while deciding the appeals of the assessee in M/s.Tamilnadu Chlorates Vs The Commissioner of Income Tax, held as follows :- 2. The assessee herein is located in a backward area and is manufacturing potassium chlorates. It al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Appeals stand allowed. Connected M.P. No.1 of 2006 in T.C. (A) No.2536 of 2006 stands closed. No costs. 6. In the present case also, the substratum on which the earlier order of the Tribunal was set aside by this Court, is similar and, therefore, we are inclined to allow the appeal by way of remand to the Tribunal. 7. Therefore, without this Court answering the above questions of law, the Tribunal is called upon to address the same, 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. 8. This appeal, is accordingly, allowed by way of remand to the Tribunal. However, there shall be no order as to co ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
