2011 (11) TMI 676

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....EMBER For the Appellant : Shri R.B. Naik, CIT-DR For the Respondent : Shri Vikram Vijayaraghavan O R D E R PER HARI OM MARATHA, JUDICIAL MEMBER: These appeals of the Revenue pertaining to assessment years 2007-08 and 2008-09, are directed against the common order of the ld. CIT(A)-I, Coimbatore, dated 25.4.2011. 2. Briefly stated, the facts of the case are that the assessee, a co....

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....for the purpose of generating and selling electricity to the Tamil Nadu Electricity Board (TNEB) under a Power Purchase agreement dated 20.11.1996. Pursuant to this agreement, the said company had entered into a fuel supply agreement on 29.4.1998 with Neyveli Lignite Corporation(NLC) whereby NLC agreed to supply lignite to the said company. It called for bids from contractors to construct, own, op....

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....on and construction of the railway sidings complying with all rules and regulations. This contract was also pursuant to the contract between ST-CMS and the Southern Railways whereby the assessee was permitted to be employed as a contractor. The assessee had also set up a sewage treatment plant pursuant to the order of the Pollution Control Board, dated 28.6.2002. After getting approval of the Poll....

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....the assessee had not entered into an agreement with the Central or State Government, Local Authority or any Statutory Body for - (i) developing or (ii) operating and maintaining or (iii) developing, operating and maintaining a new infrastructure facility According to the Assessing Officer, the assessee had only an agreement with ST-CMS Electric Company Pvt. Ltd., so it did not satisfy ....