2021 (7) TMI 63

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..... BALAGANESH (A.M): This appeal in ITA No.6363/Mum/2019 for A.Y.2016-17 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-9, Mumbai in appeal No.CIT(A)-9/Cir.4/84/2018-19 dated 20/09/2019 (ld. CIT(A) in short) against the order of assessment passed u/s.143(3) of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 29/12/2018 by the ld. Dy. Commissioner of Income....

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.... the year under consideration, the eligible unit has sold 378208 units of electricity to Rajasthan State Government at Rs. 4.28 per unit. Accordingly, receipts from sale of electricity amounting to Rs. 16,18,730/- were credited to P & L Account of the assessee. However, while computing deduction u/s.80IA of the Act, the assessee had adopted the rate of sale of electricity @8.40 per unit as against....

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....of. We find that the assessee before us is not a captive power undertaking. It is an undisputed fact on record that no part of electricity generated from windmill was utilized by the assessee for its own consumption. Though the deduction u/s.80IA of the Act is granted for generation of electricity i.e. 378208 units, for the purpose of computation of claim of deduction u/s.80IA of the Act, what is ....