Commissioner Of Income Tax v. M/S Bannari Amman Sugars Ltd
In the High Court of Judicature at Madras Dated : 06.7.2020 Coram :
The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal No.345 of 2013 The Commissioner of Income Tax, Coimbatore ...Appellant Vs M/s.Bannari Amman Sugars Ltd., Coimbatore-18.
...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, against the order dated 31/07/2012 , made in Appeal No.325/11-12 on the file of the Commissioner of Income Tax (Appeals)-I, Coimbatore fro the Assessment Year 2009-10 and against the Order dated 30/12/2011 made in PA No.AAACB8933G on the file of the Additional Commissioner of Income Tax RangeI, Coimbatore for the Assessment Year 2009-2010. 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 the appellant - Revenue and Mr.R.Vijayaraghavan, learned counsel appearing on behalf of M/s.Subbaraya Aiyer Padmanabhan, learned counsel on record for the respondent.
2. This appeal, filed by the Revenue under Section 260A of the Income Tax Act, 1961 (for short, the Act) is directed 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 brevity, the Tribunal) for the assessment year 200910.
3. 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. 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. 1045 of 2009 dated 28.1.2019.
5. Following the said decision, the above tax case appeal is dismissed and the substantial questions of law are answered in favour of the assessee. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar To 1.The Income Tax Appellate Tribunal, Chennai 'B' Bench.
2.The Commissioner of Income Tax (Appeals)-I, Coimbatore.
3.The Additional Commissioner of Income Tax Range-I, Coimbatore.
TCA.No.345 of 2013 rsv[co] srg 25/08/2020