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Rajasthan Renewable Energy ... vs Dcit, Jaipur on 18 August, 2017 cites

M/S Liberty India vs Commr.Of Income Tax,Karnal on 31 August, 2009

vendors/operators have assured that power plant installed by them will generate minimum power on a particular wind flow in the specified area and if they do not operate or generate the minimum assured power generation, then operator will compensate for such fall of generation of power. During the year assessee received Rs.2,23,88,525/- on account of shortfall in generation and low generation of electricity on which it claimed deduction u/s 80IA. The AO, however, observed that deduction u/s 80IA is allowable only in respect of profits and gains derived from sale of power and therefore relying on the decision of Supreme Court in case of Liberty India Vs. CIT 317 ITR 218, he held that such income which is not derived from power generation business is not eligible for deduction u/s 80IA(4).
Supreme Court of India Cites 21 - Cited by 862 - S H Kapadia - Full Document

Additional Commissioner Of Income Tax vs Rajasthan Spinning And Weaving Mills ... on 15 October, 2003

"This amount was paid towards energy conversation contribution fund, which is statutory liability as per provisions of Energy Conservation Act, 2001. The case law relied by the assessee of the judgment of the Hon'ble jurisdictional High Court in the case of CIT Vs. Raj Shipping and Weaving Mills Ltd. (supra) is squarely applicable in the case of the assessee wherein it has been held that contribution to the fund set up for products which was also 83 ITA No. 159&202/JP/2015 & 95,96,87,97,88/JP/16 &125/JP/17 M/s Rajasthan Renewable Energy Corporation Ltd.
Rajasthan High Court - Jaipur Cites 14 - Cited by 38 - Full Document
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