CIT v. Borkar Packaging (P.) Ltd. (2021) 276 Taxman 131 / 199 DTR 526/ 320 CTR 792(Bom.)(HC)

S. 80IC : Special category states-Consumption of electricity-Mismatch of production-Denial of exemption is held to be not justifies.

Assessing Officer, on basis of consumption of electricity in various Units of assessee, concluded that profits of newly established Unit N was unreasonably high and he denied assessee deduction under section 80IC by observing that consumption of electricity was increased only by 1497 per cent, but sales had increased by 7102 per cent . Commissioner (Appeals) as well as Tribunal held that alleged mismatch between production and profits at various Units as determined by consumption of electricity at such units could not be sole ground for denial of exemption.  On appeal by the revenue High Court affirmed the order of the Tribunal. (AY. 2006-07,  2007-08)