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of <h1>Carbon Credits Sales: Capital Receipt, Not Taxable Business Income. Environmental Concerns Prevail.</h1> <h3>Dy. Commissioner of Income-tax Versus M/s. My Home Power Ltd.</h3> Dy. Commissioner of Income-tax Versus M/s. My Home Power Ltd. - [2014] 33 ITR (Trib) 731 (ITAT [Hyd]) Issues involved:1. Tax treatment of income from sale of Carbon Credits (CER Certificates) as revenue or capital receipt.Detailed Analysis:1. The appeals were against the orders of CIT(A)-V, Hyderabad for the assessment years 2008-09 & 2009-10 regarding the tax treatment of income from Carbon Credits. The assessee sold 41,586 CERs and received Rs. 3.43 crores. The AO treated a portion of this amount as revenue receipt. However, the CIT(A) deleted the addition, considering it a capital receipt based on a previous ITAT decision for AY 2007-08.2. The main contention was whether the income from the sale of Carbon Credits should be considered as a revenue or capital receipt. The ITAT, in the assessee's case for AY 2007-08, held that Carbon Credits are a capital receipt as they are an entitlement arising from environmental concerns, not business activities. The Tribunal emphasized that Carbon Credits are not a result of business but of international environmental agreements like the Kyoto Protocol, hence not taxable as business income.3. The Hon'ble Jurisdictional High Court upheld the ITAT's decision, stating that Carbon Credits are not linked to the assessee's business activities, making the income from their sale a capital receipt. The Court agreed that Carbon Credits are generated due to environmental concerns, not business operations. Consequently, the Court dismissed the appeal, confirming the capital nature of the income from Carbon Credits.4. Relying on the ITAT's previous decision for AY 2007-08 and the High Court's affirmation, the ITAT Hyderabad upheld the CIT(A)'s order, treating the income from Carbon Credits as a capital receipt and dismissing the revenue's appeals. The Tribunal concurred that the receipts from Carbon Credits were not business income but capital receipts, following the principles established in the previous decisions.In conclusion, the judgment clarified that income from the sale of Carbon Credits should be treated as a capital receipt, not subject to taxation as business income, based on environmental concerns and international agreements rather than business activities. The decision aligned with previous rulings and upheld the CIT(A)'s order, dismissing the revenue's appeals.
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