The CIT (A), Bangalore / The ACIT, Circle-11(5), Bangalore v. Jindal Aluminium Limited
|The CIT (A), Bangalore / The ACIT, Circle-11(5), Bangalore
|Jindal Aluminium Limited
|HIGH COURT OF KARNATAKA
|Date of Order
|generation of energy • eligible business
|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 19.08.2013 on the following substantial questions of law: 3 1. Whether the Appellate Authorities were 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 Appellate Authorities were 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.