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    <title>2023 (8) TMI 1630 - ITAT JAIPUR</title>
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    <description>ITAT Jaipur partly allowed the assessee&#039;s appeal regarding transfer pricing of power for section 80-IA deduction. The tribunal granted 15% reliability charge premium on grid rate instead of claimed amount, following precedent allowing premium for uninterrupted power supply. Education cess was disallowed due to retrospective amendment by Finance Act 2022. Depreciation on leasehold rights was allowed at 25% as business/commercial rights. Interest on delayed TDS deposit was permitted as business expenditure. Various section 80-IA deductions for captive power, solid waste, water treatment, and rail systems were upheld based on consistency principle, as department had accepted similar methods in previous years. Sales tax subsidy was treated as capital receipt, not taxable under regular provisions or MAT.</description>
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      <link>https://www.taxtmi.com/caselaws?id=461343</link>
      <description>ITAT Jaipur partly allowed the assessee&#039;s appeal regarding transfer pricing of power for section 80-IA deduction. The tribunal granted 15% reliability charge premium on grid rate instead of claimed amount, following precedent allowing premium for uninterrupted power supply. Education cess was disallowed due to retrospective amendment by Finance Act 2022. Depreciation on leasehold rights was allowed at 25% as business/commercial rights. Interest on delayed TDS deposit was permitted as business expenditure. Various section 80-IA deductions for captive power, solid waste, water treatment, and rail systems were upheld based on consistency principle, as department had accepted similar methods in previous years. Sales tax subsidy was treated as capital receipt, not taxable under regular provisions or MAT.</description>
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