COMMISSIONER OF INCOME TAX Vs. ITC LTD.

JUDGEMENT

(1.) The Court:

(2.) The learned Tribunal has affirmed the order of the CIT(A). Therefore, the revenue is once again before us in appeal. In so far as the question as regards the eligibility of the assessee to claim the benefit is concerned, reference may be made to Sub-section (8) of Section 80-IA which reads as follows:--

(3.) The aforesaid provision contemplates or does not militate against supply of electricity by the eligible unit to any other business of the assessee. Therefore the contention that the unit is not eligible because "the assessee has not sold power generated by the power undertaking to any outsider but has consumed 10096 generated by its unit" does not appear to be logical. The premise for claiming the benefit according to Clause (iv) of Sub-section (4) of Section 80-IA is a setting up of an undertaking for the generation of power during the specified period. The fact that the unit was set up within the specified period is not in dispute.