Minimum alternate tax exclusions for pre-amendment banking companies and expatriate Indian branch salaries remain outside head office expenditure limi...
Bona fide disclosure requirements govern under-reporting penalties, and post-penalty immunity applications cannot secure available statutory protectio...
Certificate-of-origin verification procedure governs preferential customs benefits; denial without retroactive verification was set aside with consequ...
Disciplinary Committee jurisdiction and mandatory investigation requirements invalidated cancellation of an insolvency professional's registration and...
The ITAT Chennai ruled on deduction u/s 80IA, focusing on determining the market value of power supplied by the assessee to its industrial units. The AO argued for using rates fixed by Tariff Regulatory Commission, while the assessee supported using the average price of power purchased. The Supreme Court clarified that "market value" refers to the price in a free trade environment. It held that the market value should be based on the rate at which the State Electricity Board supplied power to consumers, not the rate sold to a supplier. The ITAT noted that the AO allowed the deduction for the initial year and subsequent years. The assessee used a price of ₹5.60 per unit based on charges paid to Tamilnadu Electricity Board. Ultimately, the ITAT held that the State Electricity Board's rate should be considered the market value for claiming deduction u/s 80IA, dismissing the Revenue's grounds.
The ITAT Chennai ruled on deduction u/s 80IA, focusing on determining the market value of power supplied by the assessee to its industrial units. The AO argued for using rates fixed by Tariff Regulatory Commission, while the assessee supported using the average price of power purchased. The Supreme Court clarified that "market value" refers to the price in a free trade environment. It held that the market value should be based on the rate at which the State Electricity Board supplied power to consumers, not the rate sold to a supplier. The ITAT noted that the AO allowed the deduction for the initial year and subsequent years. The assessee used a price of ₹5.60 per unit based on charges paid to Tamilnadu Electricity Board. Ultimately, the ITAT held that the State Electricity Board's rate should be considered the market value for claiming deduction u/s 80IA, dismissing the Revenue's grounds.
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