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2015 (11) TMI 589

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....dental to the business of the assessee. 2. The assessee company is engaged in the business of generation and transmission of renewal power/energy through wind mills. The assessee company filed its return on 29/09/2008 declaring total income of Rs. 39,73,280/-. The case was scrutinized U/s 143(3) of the Income Tax Act, 1961 (in short the Act). The ld Assessing Officer observed that the assessee had debited Rs. 5 lacs in P&L account towards energy conservation contribution expenses. The Assessing Officer gave reasonable opportunity of being heard on this issue. The assessee submitted before the Assessing Officer that as per the directions of the State Government (Energy Department) vide its Order No. F20(6) Energy/98 dated 01/06/2007, it w....

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....nable and the same is sustained. The appellant fails on this ground." 4. Now the assessee is appeal before us. The ld AR of the assessee has submitted that the company is State Nodal Agency of Ministry of New & Renewable Energy (MNRE) for development and promotion of Renewable Sources of energy in the State of Rajasthan. The company is nominated as a State Designated Agency (SDA) of Bureau of Energy Efficiency (BEE) Ministry of Power, Government of India on March, 2003 for promote efficient use of energy and its conservation and also enforce the provision of energy conservation Act, 2001. The energy Department has constituted "Rajasthan State Energy Conservation Fund (RSECF) vide order dated 01/06/2006 as per Section 16 of Energy Conserv....

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....ate Designated Agency for implementing the provisions of the Act and x to meet the expenses incurred by the State Designated Agency on staff for dedicated Energy Conservation cell. The ld AR further submitted that the company was incorporated within the following main objects: (i) to plan, promote and organize integrated and efficient development of thermal/hydro electric power, gas HSD and other petroleum fuel based power, solar, wind, Biomass and other non conventional and renewal energy used power (including those based on bio-mass's, bio-gas) and power transmission systems in all its aspects including planning investigation research design engineering and preparation of preliminary feasibility and define project reports, constr....

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....romote and organize integrated and efficient development of thermal/hydro electric power, gas HSD and other petroleum fuel based power, solar, wind, Biomass and other non conventional and renewal energy used power (including those based on bio-mass's, bio-gas) and power transmission systems in all its aspects including planning investigation research design engineering and preparation of preliminary feasibility and define project reports, construction, generation operation and maintenance of power stations and projects and sale of power generated in accordance with the state policy and broad economic consideration. To promote, support assist, sponsor the use of non-conventional energy sources in the country or abroad and disseminate useful ....