The CIT (A), Bangalore / The ACIT, Circle-11(5), Bangalore v. Jindal Aluminium Ltd
[Citation -2020-LL-0319-22]
| Citation | 2020-LL-0319-22 |
|---|---|
| Appellant Name | The CIT (A), Bangalore / The ACIT, Circle-11(5), Bangalore |
| Respondent Name | Jindal Aluminium Ltd. |
| Court | HIGH COURT OF KARNATAKA |
| Relevant Act | Income-tax |
| Date of Order | 19/03/2020 |
| Assessment Year | 2004-05 |
| Judgment | View Judgment |
| Keyword Tags | generation of energy • eligible business |
| Bot Summary: | Smt.Jinitha Chatterjee, learned counsel for the respondent. With consent of the learned counsel for the parties, the same is heard finally. This appeal under Section 260-A of the Income Tax Act, 1961 which has been filed by the revenue, was admitted by a Bench of this Court by order dated 03.06.2013 on the following substantial questions of law: 3 1. Whether the Tribunal was correct in holding that only the profit making power generating unit of the assessee should be taken into account and not the loss making units in computing the total income of the assessee for its eligible business to allow deduction u/s 80IA of the Act 2. Whether the Tribunal was correct in holding that the deduction u/s 80IA windmill wise instead of eligible business wise, contrary to the provision of section 80IA(1) and 80IA(5) and without taking in account the fact that generation of energy is one undertaking/enterprise and the windmills are units of the same undertaking/enterprise 3. In view of the aforesaid submission, learned counsel for the revenue was unable to dispute the aforesaid legal proposition. The substantial questions of law are answered against the revenue. |