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Discussion > Income Tax > Tax queries >

Deduction u/s. 80 for solar power generation

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Proprietor


[ Scorecard : 50]
Posted On 09 December 2011 at 12:55 Report Abuse

Dear Sir,

My Clients Being Pvt. Ltd. wants to set a Solar Power generation unit in the FY 2011-2012. I want to know that whether he will be able to claim deduction u/s. 80 or others. What will be the tax impact ?.

Please also guide the MAT u/s. 115JB whether applicable or not ?


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satish kumar voleti
A.C.A., (ICWAI)


[ Scorecard : 1661]
Posted On 09 December 2011 at 13:22

Section 80IA(4) is amended w.e.f. A.Y. 2012-13. At present, an undertaking which is set up for the generation or generation and distribution of power or transmission or distribution by laying a net work of new lines or for substantial renovation and modernisation of such network on or before 31-3-2011 is entitled to tax holiday as specified in section 80IA. By amendment of this section, the time limit for setting up such an undertaking is extended to 31-3-2012. so you can avail the exemption benefit for the year 2011-12




satish kumar voleti
A.C.A., (ICWAI)


[ Scorecard : 1661]
Posted On 09 December 2011 at 13:25

Section 80-IA of the Income-Tax Act, 1961 provides fillip to power generating companies and the outcome of the same is borne by the fact that we occupy globally fourth or fifth position in generation of wind energy. This could be achieved because of the tax incentives and liberal depreciation allowance. The twin tax incentives were almost like amnesty scheme by which 80 per cent of the investment is protected from tax levy because of depreciation and the income generated after recovery of investment was also exempt from tax for a continuous period of 10 financial years out of 15 years at the choice of the taxpayer. WITHDRAWAL OF EXEMPTION The tax exemption was withdrawn in the Finance Act, 2011 and any undertaking generating electricity will not be eligible for tax exemption in respect of income where it begins operation after March 31, 2012. However, the original investment continues to remain eligible for 80 per cent tax protection by way of depreciation. No reasons were given for withdrawal of exemption inspite of persisting deficit in power generation. Even when the exemption was granted with regard to income, the controversy in tax administration revolved around many technical issues. Some of the issues are (a) the year of commencement of activity cannot be treated as ‘initial assessment year' and only when the taxpayer makes a claim for deduction, that year is to be taken as the ‘initial assessment year' for determining the number of years for which the deduction is permissible (Poonawalla Estate Stud & Agro Farm (P) Ltd v. Asstt. CIT (48 DTR (Pune) (Trib) 210)); (b) the claim of enhanced depreciation as reflected in the return filed before the due date under Section 139(1) supported by depreciation claim of in the books of account tantamounts to the exercise of option for enhanced depreciation (K.K.S.K.Leather Processors (P) Ltd v. ITO (2010) 38 DTR (Chennai) (Trib) 182); and (c) the deduction under Section 80-IA is to be allowed by treating the undertaking on standalone basis. Depreciation including depreciation of the earlier years attributable to power generating unit is to be adjusted against its income on notional basis even if they were adjusted against other incomes of the taxpayer (Hyderabad Chemicals Supplies Ltd v. Asstt. CIT (2011) 53 DTR (Hyd.)(Trib) 371). In effect, the tax incentive is given only after the entire capital cost is offset against income of the power generating unit; and (d) the losses pertaining to earlier years preceding the year of opting the claim of deduction under section 80-IA is not to be adjusted for computing the deduction. (Mohan Breweries & Distilleries Ltd v. CIT (2008) 23 SOT 32 (Chennai)).


Total thanks : 1 times



Mansha Tutlani
Student


[ Scorecard : 2935]
Posted On 09 December 2011 at 13:47

@ Satish Kumar 

Thank you very much 




aditya sharma
student


[ Scorecard : 109]
Posted On 03 July 2012 at 11:39

 

sir, kindly tell me the tax/ dep. benefits available to a co. if it starts solar projects after 31.3.12.....
 
and also is their any scheme in any BANKS/FIs for promotion of solar projects.....hope to get positive response from ur side :)



Johari Tailor
Audit & Taxation


[ Scorecard : 22]
Posted On 03 July 2012 at 18:12

is it Solar Power generation unit have to pay tax u/s 115jb ? MAT



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