The
Supreme Court of India in Commissioner of Income Tax v. M/s Jindal Steel
& Power Limited (2023 INSC 1053) examined the correct method for
computation of deduction under Section 80-IA of the Income Tax Act, 1961,
particularly in cases involving captive power generation units supplying
electricity to the assessee’s own industrial units.
The
principal issue before the Court was whether the “market value” of electricity
for the purpose of Section 80-IA(8) should be taken as the rate at which
surplus electricity was supplied by the assessee to the State Electricity Board
under a power purchase agreement, or the rate at which electricity was supplied
by the State Electricity Board to industrial consumers, including the assessee.
The
Assessing Officer had recomputed the deduction by adopting the lower tariff
payable by the State Electricity Board for surplus electricity supplied by the
assessee, treating it as the market value. This resulted in a reduction of the
profits of the eligible business and consequently the deduction under Section
80-IA. The Income Tax Appellate Tribunal set aside this approach, holding that
the tariff charged by the State Electricity Board to industrial consumers
represented the true market value. The High Courts affirmed this view.
Upholding
the decisions of the Tribunal and the High Courts, the Supreme Court held that
the price fixed under a power purchase agreement for compulsory sale of surplus
electricity to the State Electricity Board is a contracted price determined
under statutory and regulatory constraints and does not reflect a price
discovered in an open market. Such a rate cannot be equated with “market value”
as contemplated under Section 80-IA(8).
The Court
clarified that “market value” refers to the price that goods would ordinarily
fetch in an open market governed by free competition, demand, and supply. In
the context of electricity supplied for captive consumption, the appropriate
benchmark is the tariff at which the State Electricity Board supplies
electricity to industrial consumers, since that represents the price payable by
a consumer in the open market.
Accordingly,
the Supreme Court held that the profits of the eligible business were correctly
computed by adopting the consumer tariff charged by the State Electricity Board
and that the recomputation made by the Assessing Officer was legally
unsustainable. The appeals filed by the revenue were dismissed.
Source Link - https://api.sci.gov.in/supremecourt/2009/12634/12634_2009_13_1501_48814_Judgement_06-Dec-2023.pdf
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