2012 (6) TMI 210 - AT - Income Tax

Tribunal emphasizes detailed rate examination for Section 80-IA deduction eligibility.

OPG Energy (P.) Ltd. Versus Deputy Commissioner of Income-tax, Company Circle V(1)

The Tribunal allowed the appeal, emphasizing the necessity of a detailed examination of individual party rates to accurately determine the eligibility for ... Deduction u/s 80-IA - partial denial on ground that assessee had sold power to its group concern and non-group concerns at different rates - Revenue restricted the allowance Held that:- Section does not provide that if the assessee earns more profit from related parties in compare to unrelated parties, then the allowance of deduction u/s 80-IA is to be restricted to the same proportion at which the profit was derived from unrelated parties, even in the circumstances where such profits derived from related parties were such that it could be expected to arise to such eligible business as ordinary profit. We find that the assessee has not furnished before us the party-wise break up of the rate charged by it in respect of its sister concerns. In our considered opinion, the working for the provisions of Section 80-IA(10) has to be made on individual basis and the same cannot be made on an average basis. Therefore, order is set aside matter is restored to file of AO for proper verification and computation - Decided in favor of assessee for statistical purposes. Issues:Appeal against Commissioner of Income Tax(Appeals) order for Assessment Year 2008-09 on grounds of higher rates charged to related parties, denial of deduction under Section 80 IA, comparison of prices with Tamil Nadu Electricity Board, and justification for different sale rates.Analysis:The primary issue in the appeal was the partial denial of deduction under Section 80-IA due to the assessee selling power to group concern and non-group concerns at different rates. The Assessing Officer found a difference in rates charged to related and unrelated parties, leading to excess profits. The Commissioner of Income Tax(Appeals) upheld this decision based on the average rates charged. However, the Tribunal noted that the provisions of Section 80-IA(10) did not empower the Revenue to restrict the deduction solely based on the difference in rates charged to related and unrelated parties. The Tribunal emphasized that the business transactions must be arranged to produce more than ordinary profits for such restriction to apply.The Tribunal highlighted that the assessee's argument that the rates charged to sister concerns were lower than those charged by the Tamil Nadu Electricity Board was crucial. The Tribunal observed that charging lower rates than a government-owned undertaking did not necessarily indicate abnormal profits. The Tribunal stressed the need for a party-wise breakdown of rates charged to assess the issue accurately. Without individual party rates, a proper adjudication was not possible. Therefore, the Tribunal set aside the lower authorities' orders and remanded the issue to the Assessing Officer for a detailed examination based on individual party rates to determine the allowance of deduction under Section 80-IA accurately.Overall, the Tribunal allowed the appeal for statistical purposes, emphasizing the importance of a thorough examination of individual party rates to determine the eligibility for deduction under Section 80-IA. The decision highlighted the need for a precise assessment based on actual rates charged to related and unrelated parties to ensure a fair and accurate determination of profits for deduction purposes.