The Commissioner of Income-tax, Coimbatore v. Bannari Amman Sugars Ltd
[Citation -2020-LL-0706-23]
| Citation | 2020-LL-0706-23 |
|---|---|
| Appellant Name | The Commissioner of Income-tax, Coimbatore |
| Respondent Name | Bannari Amman Sugars Ltd. |
| Court | HIGH COURT OF MADRAS |
| Relevant Act | Income-tax |
| Date of Order | 06/07/2020 |
| Assessment Year | 2009-10 |
| Judgment | View Judgment |
| Keyword Tags | net income |
| Bot Summary: | Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 29.11.2012 made in ITA.No. 1798/Mds/2012 on the file of the Income Tax Appellate Tribunal, Chennai 'B' Bench for the assessment year 2009-10. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 29.11.2012 made in ITA.No. The appeal has been admitted on 26.8.2013 on the following substantial questions of law : i. Whether, under the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the deduction under Section 80IA is to be allowed on each of the power co-generation units without setting off the loss from the windmill and ii. Whether, under the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in holding that each of power co-generating unit of the assessee is a separate undertaking and not the combined net income of all the power generating units including the windmill is to be considered for the purpose of deduction under Section 80IA 4. 345 of 2013 the substantial questions of law framed for consideration in this appeal have been decided in favour of the assessee in the assessee's own case in TCA.No. Following the said decision, the above tax case appeal is dismissed and the substantial questions of law are answered in favour of the assessee. |