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2013 (9) TMI 894

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.... Venkataraman, J.) Following questions of law are raised by the Revenue in seeking admission of the above Tax Case (Appeal) filed for the assessment year 2008-09. "1. Whether in the facts and circumstances of the case, the Income Tax Appellate Tribunal is right in holding that price paid by the assessee for purchase of electricity from its group company M/s.OPG Energy Private Limited is not exce....

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...., on a consideration of the material, the Commissioner of Income Tax (Appeals) came to the conclusion that price paid by the assessee to sister concern was not excessive, thus, the appeal was allowed. 4. Aggrieved by this, Revenue went on appeal before the Income Tax Appellate Tribunal. On a study of the materials furnished before the Income Tax Appellate Tribunal, as regards the rate at which th....

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....sons for charging different rates. The Income Tax Appellate Tribunal further pointed out that the rate at which, the assessee purchased electricity from M/s OPG Energy Pvt. Ltd., was lower than the tariff fixed by the Tamil Nadu Electricity Board. Taking note of the overall picture, the Income Tax Appellate Tribunal held that the question as to what was the commercial consideration which permitted....