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    <title>2023 (12) TMI 635 - ITAT MUMBAI</title>
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    <description>Levy collections retained by a Government-owned electricity generation company for decommissioning, renovation, modernisation and research were treated as taxable business income, not capital receipts or amounts diverted at source, though related fund-linked interest expenditure was allowed. Construction-period receipts were sustained as income from other sources, with related expenditure and depreciation relief granted only to the extent verified. Prior-period expenses, obsolete stock provisions and capital R&amp;D outlay were largely disallowed absent proof of crystallisation, scientific basis or revenue character. Section 115JA/115JB was held inapplicable to the company, deleting MAT book-profit adjustments. Section 80IA relief was allowed for qualifying receipts, while section 14A disallowance was limited and Rule 8D was not applied retrospectively.</description>
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    <pubDate>Wed, 29 Nov 2023 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=446951</link>
      <description>Levy collections retained by a Government-owned electricity generation company for decommissioning, renovation, modernisation and research were treated as taxable business income, not capital receipts or amounts diverted at source, though related fund-linked interest expenditure was allowed. Construction-period receipts were sustained as income from other sources, with related expenditure and depreciation relief granted only to the extent verified. Prior-period expenses, obsolete stock provisions and capital R&amp;D outlay were largely disallowed absent proof of crystallisation, scientific basis or revenue character. Section 115JA/115JB was held inapplicable to the company, deleting MAT book-profit adjustments. Section 80IA relief was allowed for qualifying receipts, while section 14A disallowance was limited and Rule 8D was not applied retrospectively.</description>
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