2015 (1) TMI 523

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....p;           1) Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the appellant is not entitled to deduction u/s 80IA of the Act of the profits from the generation of electricity through wind electricity generators for the assessment year 1999-00?            2) Whether on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the generation of electricity would not amount to production of goods and article and hence not entitled to deduction u/s 80 IA of the Act? 2. The appellant/assessee is engaged in the business of electricity and t....

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.... It is pointed out by the learned counsel that without considering the merits of the appellant's claim under Section 80IA, the Tribunal had proceeded to dismiss the appeal primarily on the ground that the decision in Tamil Nadu Chlorates case (ITA No.307/2000) is squarely applicable to the facts of the case. It was pointed out by the learned counsel at the time of hearing that this Court in TCA No.1360/06, etc. vide order dated 23.7.12, while deciding the appeals of the assessee in M/s.Tamilnadu Chlorates  Vs  The Commissioner of Income Tax, held as follows :-             2. The assessee herein is located in a backward area and is manufacturing potassium chlorates. It als....