Eligibility for deduction u/s 80IA(4)(iv)(b) in respect of profits derived from distribution of power through a new network

Issue – The facts relating to the two issues are stated in brief. The assessee is a Kerala State owned public limited company, engaged in the business of providing infrastructural facilities to industries. It runs an industrial park at Kakkanad, Kochi. The assessee was granted licence by the Government of Kerala for distribution of power within the industrial park area. Accordingly, during the financial year 2004-05, the assessee laid a network of new distribution lines and allied equipments to facilitate power distribution to the units located in the park. During the year under consideration, the assessee claimed deduction u/s. 80IA(4)(iv)(b) of the Act in respect of income generated from the activity of distribution of power. Both the tax authorities rejected the claim of the assessee, though for different reasons, which are discussed infra in a subsequent paragraph.

Held

12. In the preceding paragraphs, we have extracted relevant portions from the speech of the Finance Minister and also relevant portions from the circular issued by CBDT explaining the provisions of clause (b) of sec. 80IA(4)(iv) of the Act. On consideration of the same and also the legal effect of the proviso discussed above, in our view, the harmonious construction of clause (b) and the proviso there under, would be that the deduction u/s 80IA of the Act shall be allowed in respect of the profits derived from transmission or distribution of power through the new network. Had the intention of the parliament was to give deduction only to the undertaking which undertakes the work of laying network of new transmission or distribution lines and not to the undertaking which transmits or distributes the power, then clause (b) would have been worded accordingly and there would have been no necessity to insert a proviso for the said purpose.

13. In view of the foregoing discussions, we are not able to agree with the view entertained by the Ld CIT(A) with regard to the proviso to clause (b) of sec. 80IA(4)(iv) of the Act. Accordingly, we set aside the order of ld CIT(A) and hold that the assessee is eligible for deduction u/s 80IA(4)(iv)(b) of the Act in respect of the profits derived from distribution of power though the new network.

INCOME TAX APPELLATE TRIBUNAL, BENCH COCHIN