TaxTMI 
TaxTMI 
2017 (9) TMI 1652
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....ssessee- respondent when its appeal was called out for hearing, nor any adjournment application stands received. At the very outset, it was observed by the Bench that the disposal of the issue under reference is possible without the appearance of assessee or by Ld. AR on behalf of the assessee. 3. Grounds raised by Revenue per its appeal is as under:- "1. That is the facts and in law of the case the Ld. CIT(A) erred in allowing the claim of the assessee u/s 80IC amounting to Rs. 8,52,227,373/- claimed by the assessee at the time of assessment which was not claimed in the IT return or revised return." 2. "That is the facts and in law of the case the Ld. CIT(A) erred in allowing the claim the assessee u/s. 80IA. The assessee had set off ....
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....0IC of the Act while entering the data in "e" filing return inadvertently. The assessee is entitled to claim its deduction without filing the revised return of income in terms of judgment of Hon'ble Supreme Court in the case of Jute Corporation of India Ltd. vs. CIT (1990) 187 ITR 688 (SC). Moreover the Hon'ble Supreme Court in the case of Goetze (India) Limited (supra) has made it clear that the appellant authority can entertain and allow the additional claim of the assessee. After considering the submission of the assessee Ld. CIT(A) granted relief to assessee by observing as under:- "4.3 The issue in this ground has been analysed after considering both the assessment order and the submission of the appellant for coming to a dec....
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....ts as stipulated, there is no cause for rejecting the claim merely on the basis that the claim was not made in the original or revised return of income. It is not a case that the appellant never undertook the business undertaking as envisaged in the section 80IC. The limited issue in this ground as to whether the belated claim of the appellant can be entertained or not has been well dwelt upon by the various courts as discussed (supra). In my opinion even if the assessee has not made a claim of deduction as per the Act in its return and the AO finds that such a deduction or deductions were legitimately allowable, the AO is bound to allow such deduction or deductions while making the assessment. The Bombay High Court in the case of Prithvi B....
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....ed in the return of income. On this issue, the law is fairly settled by the judgment of Hon'ble Supreme Court in the case of Goetze (India) Ltd. (supra), wherein it was held as under:- "4. The decision in question is that the power of the Tribunal under section 254 of the Income-tax Act, 1961, is to entertain for the first time a point of law provided the fact on the basis of which the issue of law can be raised before the Tribunal. The decision does not in any way relate to the power of the Assessing Officer to entertain a claim for deduction otherwise than by filing a revised return. In the circumstances of the case, we dismiss the civil appeal. However, we make it clear that the issue in this case is limited to the power of the ass....
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....e same. This ground of Revenue's appeal is dismissed. 9. Next issue raised by Revenue in this appeal is that Ld. CIT(A) erred in not setting off the loss of a unit eligible u/s. 80IA of the Act with another unit eligible u/s. 80IA of the Act. 10. The assessee was owner of two power plants which were eligible for deduction u/s 80IA of the Act. Both power plants of assessee has declared profit as detailed under:- 1. 80IA power plant-1 Rs. 6,60,39,030/- 2. 80IA power plant-2 Rs. 2,52,59,146/- (loss) Rs. 4,07,79,893/- The AO while allowing deduction to assessee u/s. 80IA of the Act has set off the loss of power plant-2 with the profit of power plant-1 and allowed the deduction for the amount of profit for Rs.4,07,7....
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....u/s. 80IA of the Act is to be allowed on unit-wise basis and without setting off the loss of other eligible unit with the profit of another eligible unit for deduction u/s 80IC of the Act. 13.1 At the outset, we find that issue is squarely covered in favour of assessee and against the Revenue by the order of ITAT Bengaluru Bench in the case of Jindal Aluminium Ltd. (supra) wherein the Tribunal has held:- "13. Coming back to the facts of our case we observe that the gross total income of the assessee is at Rs. 8,03,26,598 lakhs after adjusting the losses suffered by it in the eligible as well as profits of the non-eligible units. There are no brought forward losses or unabsorbed depreciation. The claim of deduction under section 80-IA was....