The Commissioner of Income-tax, Coimbatore v. Bannari Amman Sugars Ltd
[Citation -2020-LL-0706-26]

Citation 2020-LL-0706-26
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 2007-08
Judgment View Judgment
Keyword Tags power generation • net income
Bot Summary: Respondent APPEAL under Section 260A of the Income Tax Act, 1961 against the order dated 26.8.2011 made in ITA.No. 160/Mds/2011 on the file of the Income Tax Appellate Tribunal, Chennai 'C' Bench for the assessment year 2007-08. 541 of 2013 Revenue and Mr.R.Vijayaraghavan, learned counsel appearing on behalf of M/s.Subbaraya Aiyer Padmanabhan, learned counsel on record for the respondent. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 is directed against the order dated 26.8.2011 made in ITA.No. The appeal has been admitted on 28.10.2013 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 power generation units without setting off the loss from the windmill and ii. The learned Senior Standing Counsel for the appellant submits that 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.


TCA.No.541 of 2013 In High Court of Judicature at Madras Dated : 06.7.2020 Coram : Honourable Mr.Justice T.S.SIVAGNANAM and Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.541 of 2013 Commissioner of Income Tax, Coimbatore ...Appellant Vs M/s.Bannari Amman Sugars Ltd., Coimbatore-18. ...Respondent APPEAL under Section 260A of Income Tax Act, 1961 against order dated 26.8.2011 made in ITA.No.160/Mds/2011 on file of Income Tax Appellate Tribunal, Chennai 'C' Bench for assessment year 2007-08. For Appellant: Mr.T.R.Senthilkumar, SSC & Ms.K.G.Usharani, SC For Respondent: Mr.R.Vijayaraghavan for M/s.Subbaraya Aiyer Padmanabhan Judgment was delivered by T.S.Sivagnanam,J We have heard Mr.T.R.Senthilkumar, learned Senior Standing Counsel and Ms.K.G.Usharani, learned Standing Counsel appearing for appellant 1/5 http://www.judis.nic.in TCA.No.541 of 2013 Revenue and Mr.R.Vijayaraghavan, learned counsel appearing on behalf of M/s.Subbaraya Aiyer Padmanabhan, learned counsel on record for respondent. 2. This appeal, filed by Revenue under Section 260A of Income Tax Act, 1961 (for short, Act) is directed against order dated 26.8.2011 made in ITA.No.160/Mds/2011 on file of Income Tax Appellate Tribunal, Chennai 'C' Bench (for brevity, Tribunal) for assessment year 2007-08. 3. appeal has been admitted on 28.10.2013 on following substantial questions of law : i. Whether, under facts and circumstances of case, Income Tax Appellate Tribunal was right in holding that deduction under Section 80IA is to be allowed on power generation units without setting off loss from windmill ? and ii. Whether Income Tax Appellate Tribunal erred in holding that each of power generating unit of assessee is separate undertaking and not combined net income of all power generating units including windmill is to be considered for purpose of deduction under Section 80IA ? 2/5 http://www.judis.nic.in TCA.No.541 of 2013 3/5 http://www.judis.nic.in TCA.No.541 of 2013 4. learned Senior Standing Counsel for appellant submits that substantial questions of law framed for consideration in this appeal have been decided in favour of assessee in assessee's own case in TCA.No. 1045 of 2009 dated 28.1.2019. 5. Following said decision, above tax case appeal is dismissed and substantial questions of law are answered in favour of assessee. No costs. 06.7.2020 To Income Tax Appellate Tribunal, Chennai 'C' Bench. RS 4/5 http://www.judis.nic.in TCA.No.541 of 2013 T.S.SIVAGNANAM,J AND V.BHAVANI SUBBAROYAN,J RS TCA.No.541 of 2013 06.7.2020 5/5 http://www.judis.nic.in Commissioner of Income-tax, Coimbatore v. Bannari Amman Sugars Ltd
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