Graphite India Ltd. v. CIT (2026) 310 Taxman 543 (Cal)(HC)

S. 80-IA: Industrial undertakings-Infrastructure development-Electricity-Captive consumption-Market value-Export profits-No reduction of business profits eligible for deduction under section 80HHC was required merely on account of deduction allowed under section 80IA.[S.80HHC, 260A]

 

Assessee operated captive power units and claimed deduction under section 80-IA by valuing captively consumed power at State Electricity Board tariff rates. Assessing Officer excluded electricity duty component from market value on the ground that no duty was payable on captive consumption. Court held that while computing deduction under section 80-IA, market value/transfer price of electricity captively consumed was to be taken at State Electricity Board tariff charged to industrial consumers, and not surplus sale rate to Board, inclusive of components like electricity duty as part of consumer tariff. Where the assessee claimed deduction under section 80HHC and deduction under section 80-IA, no reduction of business profits eligible for deduction under section 80HHC was required merely on account of deduction allowed under section 80-IA. (AY. 2001-02)

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