2008 (6) TMI 255

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....r authorities, material available on record and the decisions relied upon by them. 3. The learned Departmental Representative has basically relied upon the assessment order denying the claim of deduction under s. 80-IA(4)(v) of the Act on the basis that the relief under these provisions of the law is available only in the case of generation or generation and distribution of electricity whereas the steam is only produced. He submitted that s. 80-IA(4)(iv)(b) and (c) talks about transaction and distribution lines hence it is clear that s. 80-IA(4)(iv) in case of only electricity generation or generation and distribution provides relief and not in the case of production of steam. 4, The learned Authorised Representative on the other hand....

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....hese three types of undertakings referred to in the said sub-cls. (a), (b) and (c) are different and independent of each other. Hence while dealing with one sub-clause, inference need not and cannot be drawn from the other sub-clause. He submitted that the word 'power' used in s. 80-IA(4)(iv)(a) has not been specifically defined for the purpose of relevant provisions. As such, the dictionary meaning of the same need to he looked into like, there are transmission and distribution lines for electricity, there are transmission and distribution lines for steam too. He submitted further that in the present case of undertaking, power generation unit of the assessee was conceived ab initio to have the system of waste heat recovery for gene....

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....Mumbai) (viii) CIT vs. Bharath Sea Foods (1999) 152 CTR (Ker)(FB) 502 : (1999) 237 ITR 46 (Ker)(FB) (ix) Bajaj Tempo Ltd. vs. CIT (1992) 104 CTR (SC) 116 : (1992) 196 ITR 188 (SC) (x) A.G.S. Tiber & Chemicals Industries (P) Ltd. vs. CIT (1997) 141 CTR (Mad) 467 : (1998) 233 ITR 207 (Mad) (xi) CIT vs. Vegetable Products Ltd. 1973 CTR (SC) 177 : (1973) 88 ITR 192 (SC) (xii) CIT vs. Naga Hills Tea Co. Ltd. 1973 CTR (SC) 329 : (1973) 89 ITR 236 (SC) (xiii) CIT vs. Podar Cement (P) Ltd. Etc. (1997) 141 CTR (SC) 67 : (1997) 226 ITR 625 (SC) The learned Authorised Representative referred pp. 13 to 25 of the paper book i.e. note on utilization of steam in the textile unit of the company, audi....

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....d to which we also agree remained that sub-cls. (a), (b) and (c) of s. 80IA(4)(iv) provide for deduction in the cases of three types of undertaking viz. the one which is engaged in generation or generation and distribution of power; second, which start transmission or distribution lines; and the third, which undertakes substantial renovation and modernization of the existing network of transmission or distribution lines. All these three clauses deal with the three different categories of the undertaking. These three types of undertakings referred to in the said sub-cls. (a), (b) and (c) are different and independent of each other. Thus while dealing (with) one sub-clause, inference need not and cannot be drawn from the other sub-clause. On ....