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TMI Blog2008 (2) TMI 571X X X X Extracts X X X X X X X X Extracts X X X X ..... es on electricity duty tax payable to the Government amounting to Rs. 49,65,181 on sale of electricity cannot be considered as inadmissible item under section 43B of the Income-tax Act and the same is outside the purview of adjustment under section 143(1) (a) of the Income-tax Act?" 2. For the assessment year 1991-92, the relevant accounting period is the financial year 1990-91. The return of income was filed on December 31, 1990, which was later on revised on February 28, 1992. The Assessing Officer made adjustments and issued an intimation under section 143(1) (a) of the Act in relation to various items disallowable under section 43B of the Act, one of them being Rs. 41,65,12,181, being the amount of electricity duty payable to the State ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assed by this Tribunal in the case of Ahmedabad Electricity Co. Ltd. (supra) and direct the Assessing Officer to delete adjusted amount of Rs. 49,65,12,181." 4. Mr. B. B. Naik, learned standing counsel for the applicant-Revenue submitted that the decision of the Tribunal in the case of CIT v. Ahmedabad Electricity Co. Ltd. has since been reversed by this court in the case of CIT v. Ahmedabad Electricity Co. Ltd. [2003] 262 ITR 97 (Guj) and it has been held by the High Court that the provisions of section 43B of the Act are applicable to the duty payable to the Government. 5. On behalf of the respondent-assessee, Shri M. J. Shah, learned advocate placed strong reliance on the decision of the apex court in the case of CIT v. Hindustan Elect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as to applicability or otherwise of provisions of section 43B in relation to the electricity duty pay able in the light of earlier order of the Tribunal in the case of CIT v. Ahmedabad Electricity Co. Ltd. Hence, the contention raised on behalf of the assessee does not arise out of the impugned order of the Tribunal dated october 14, 1990. 8. In the circumstances, the question referred to this court for opinion is answered in the negative, i.e., in favour of the Revenue and against the assessee on the basis of the earlier decision rendered by this court in the se of CIT v. Ahmedabad Electricity Co. Ltd. [2003] 262 ITR 97 wherein it is held that electricity duty on sale of electricity has to be considered as an inadmissible item under sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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