VidhiSangh

Supreme Court of India · 06/12/2023

COMMISSIONER OF INCOME TAX versus M/S JINDAL STEEL & POWER LIMITED THROUGH ITS MANAGING DIRECTOR

[2023] 16 S.C.R. 484 · 2023 INSC 1053

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Summary

The Supreme Court upheld valuation of electricity transferred from captive power plants to industrial units at the State Electricity Board’s consumer tariff for Section 80-IA deduction, rather than its lower purchase tariff. It also upheld the depreciation option exercised through the return and allowance of professional fees on the evidence. It declined to decide the capital-or-revenue character of carbon-credit receipts because Revenue had not challenged that issue before the High Court.

Issues

  1. Which tariff represents market value of captive electricity transfers under Section 80-IA(8).
  2. Whether claiming written-down-value depreciation in the return validly exercised the option under Rule 5(1A).
  3. Whether professional expenses could be disallowed solely on retracted statements without cross-examination.
  4. Whether Revenue could raise the carbon-credit issue for the first time at final hearing before the Supreme Court.

Provisions considered

Held

Result

All civil appeals dismissed; no order as to costs. The question whether carbon-credit receipts are capital or revenue receipts was left open for an appropriate proceeding.

Judgment PDF: Supreme Court of India, [2023] 16 S.C.R. 484.