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TMI Blog2007 (11) TMI 652X X X X Extracts X X X X X X X X Extracts X X X X ..... eligible for the computation of deduction u/s 80IA. 3. On the facts and in the circumstances of the case, the ld. CIT (A) erred in directing the AO to include the proceeds of sale of steam amounting to ₹ 1,08,48,212/-. 4. On the facts and in the circumstances of the case, the ld. CIT (A) erred in directing the Assessing Officer not to allow depreciation when no such claim was made in the return of income. 2. The first ground of appeal of the Revenue pertains to their grievance that the CIT (A) has allowed the deduction claimed by the assessee u/s 80IA by observing that steam is form of energy and, therefore, it amounts to power and hence the assessee would be eligible for deduction u/s 80IA and the finding that it is engaged ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before us, hence, respectfully following these decisions (Supra) the issue involved in ground no. 1 of the appeal of the Revenue is decided against the Revenue and in favour of the assessee and accordingly order of CIT (A) in this regard is upheld and ground no. 1 of the appeal of the Revenue is Rejected. 5. Now we shall deal with ground no. 2 of the appeal of the Revenue. In this ground of appeal the Revenue's grievance is that the CIT (A) erred in holding that 50% of the receipts from UPSEB i.e. ₹ 18,67,329/- are eligible for the computation of deduction u/s 801A. 6. At the outset of appellate proceedings, ld. AR for the assessee referring to the decision of the Tribunal in the assessee's own case for the assessment y ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the aforesaid order, we affirm the decision of the CIT (Appeals) and dismiss the ground. 7. There is no change in the facts and the issue involved in the year under consideration before us, hence, respectfully following these decisions (Supra) the issue involved in ground no. 2 of the appeal of the Revenue is decided against the Revenue and in favour of the assessee and accordingly order of CIT (A) in this regard is upheld and ground no. 2 of the appeal of the Revenue is rejected. 8. Now, we shall deal with ground no. 2 of the appeal of the Revenue. In this ground of appeal the Revenue's grievance is that the CIT (A) erred in directing the AO to include the proceeds of sale of steam amounting to ₹ 10848212/-. 9. At the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in this regard is upheld and ground no. 3 of the appeal of the Revenue is rejected. 11. Now, we shall deal with ground no. 4 of the appeal of the Revenue wherein the grievance of the Revenue is that the CIT (A) has wrongly directed the AO not to allow depreciation when no such claim was made by the assessee in the return of income. 12. At the outset of appellate proceedings, ld. AR for the assessee referring to the decision of the Tribunal in the assessee's own case for the assessment year 2000-01 passed in ITA No. 5461/Del/2003 dated 26-3-2004 reported in 83 TTJ (Del.) 866 and the consolidated order of the Tribunal in ITA Nos. 4337 and 4258/Del/2004, assessment year 2001-02 submitted that an identical issue on identical facts ca ..... X X X X Extracts X X X X X X X X Extracts X X X X
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