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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE P.SAM KOSHY,THE HONOURABLE SRI JUSTICE SUDDALA CHALAPATHI RAO
The Pr. Commissioner of income Tax-2 – Appellant
Versus
M/s Bharathi Cement Corporation Private Limited – Respondent
THE HONOURABLE SRI JUSTI CE P.SAM KOSHY AND THE HONOURABLE SRI JUSTI CE SUDDALA CHALAPATHI RAO I NCOME TAX TRI BUNAL APPEAL No.119 of 2023
JUDGMENT:
(per the Hon’ble Sri Justice P.Sam Koshy)
Heard Ms. J.Sunitha, learned Senior Standing Counsel for Income Tax Department appearing on behalf of the appellant / Revenue; and Mr. Rajesh Maddy, learned counsel for the respondent / assessee.
2. The instant is an appeal under Section 260A of the Income Tax Act, 1961 (for short ‘the Act’) preferred by the Revenue challenging the order dated 17.02.2023, in ITA.No.159/Hyd/2022, passed by the Income Tax Appellate Tribunal, Hyderabad ‘B’ Bench, Hyderabad (for short the ‘ITAT’)
for the assessment year 2017-18.
3. Vide the impugned order; the ITAT for the assessment year 2017- 18, allowed the appeal of the responde
Deduction under Section 80IA for captive power generation is determined by consumer pricing, not supplier pricing; judicial precedents affirm this principle.
The market value of power supplied by Captive Power Plants must reflect the prices charged to industrial consumers, ensuring compliance with transfer pricing regulations as outlined in Section 80-IA ....
The Supreme Court's decision mandates that market value for tax deductions must reflect rates charged to consumers, not sale prices to supply boards.
The court established that profits from captive consumption of electricity generated by an assessee's own power plant are eligible for deductions under Section 80-IA of the Income Tax Act, 1961.
The court upheld the ITAT's decision on the method of determining sale value for deductions under the Income Tax Act, affirming the precedent set by the Supreme Court.
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