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TMI Blog2011 (2) TMI 1193X X X X Extracts X X X X X X X X Extracts X X X X ..... e KSEB. Held that:- As Standing counsel submitted that genuineness or correctness of the bills itself should be doubted because KSEB did not raise the bills for the relevant year to which the liability relates - appeal allowed by setting aside the order of the Tribunal and that of the first appellate authority and remand the matter to the Assessing Officer for reconsidering the developments that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. The assessment involved is 2002-2003. The assessee which was entitled to concessional power tariff debited the P L account with a huge amount of Rs.1,90,73,392/- said to be the arrears billed by the KSEB towards liability for the preceding two years 2000-2001 and 2001-2002. The case of the revenue is that the assessee was entitled to concessional tariff and assessee has no case that the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order of the Tribunal because 41(1) does not justify an assessee claiming liability without any substance in it. However, if the assessee has made part payment and liability was pressed by K.S.E.B and disconnection was prevented by stay orders obtained from Court then certainly assessee is entitled to deduction of at least the amount paid under interim orders of the Court or even the full bill ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 00-2001 and 2001-2002 to which the liability relates. Since the facts are not on record and since the findings of the Tribunal are not tenable, for the reasons stated above, we allow the appeal by setting aside the order of the Tribunal and that of the first appellate authority and remand the matter to the Assessing Officer for reconsidering the developments that took place based on evidence to be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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