Kerala State Electricity Board v. DCIT

329 ITR 91High Court2010#1633 most cited

What is Kerala State Electricity Board v. DCIT authority for?

Section 43B does not apply to electricity duty collected by an assessee under the Electricity Duty Act, as such amounts are not 'sums payable by the assessee by way of tax or duty'. The decision also clarifies the applicability and calculation of book profits under Section 115JB.

69

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2015 to 2025.

Also referred to as

Kerala State Electricity Board v. DCIT · 329 ITR 91 · Section 43B · Section 115JB · electricity duty collected · sum payable by assessee by way of tax · applicability of Section 43B · Minimum Alternate Tax (MAT) · book profit calculation · Electricity Duty Act · deemed total income · interpretation of 115JB

Sections most often in play

Section 43BSection 143(1)Section 143(2)Section 143(3)Section 40(a)(ia)

Issues it is cited on

section 2(7)section 120(4)(b)section 120(1)section 2(7a)section 163section 2(17)section 115jasection 2(c)section 120interest u/s 234csection 47section 156

Judgments citing Kerala State Electricity Board v. DCIT

PASCHIMANCHAL VIDYUT VITRAN NIGAM LTD.,MEERUT vs. DCIT, CIRCLE- 2, MEERUT

In the result, appeal of assessee in ITA No

ITA 1084/DEL/2018[2012-13]Status: DisposedITAT Delhi23 Jun 2025AY 2012-13

Bench: Ms. Madhumita Roy & Shri Naveen Chandrapaschimanchal Vidyut Vitran Nigam Vs. The Dy. C.I.T C/O Adv Vinod Kumar Goel Circle – 2 200, Western Kutchery Road Meerut Meerut.

For Appellant: NoneFor Respondent: Ms. Monica Singh, CIT- DR
Section 143(1)Section 143(2)Section 143(3)Section 4Section 40Section 43B

…alled under any the tithe being in force as- provided u/s.43B(a) of the Act. We further find that the issue is squarely covered in favour of the assessee by the decision of Honble Kerala High Court in the case of Kerala State Electricity Board vs. DCIT [2010J 329 ITR 91 (Kerala) wherein the Hon’ble Kerala High Court has held in para 23 to 27 as under: … “23. Coming to the next question of whether Section 43B of the Act … We are therefore of the opinion that Section 43B cannot be invoked in making the assessment of the liability of the appellant Page 6 of 13 Paschimanchal Vidyut Vitran [A.Y 2012-13] under the…

DCIT, CIRCLE-25(1), NEW DELHI vs. TATA POWER DELHI DISTRIBUTION LTD.

ITA/196/2020HC Delhi13 Jan 2025

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

Section 115JSection 143(1)Section 143(2)Section 143(3)Section 260A

…t. The learned ITAT, vide the impugned order, allowed the assessee‟s appeal and dismissed the Revenue‟s appeal. The learned ITAT relied on the decision of the Kerala High Court in Kerala State Electricity Board v. Deputy Commissioner of Income-tax: (2010) 329 ITR 91, and held that the ratio of this decision applied to the present case. The learned ITAT accordingly held that Section 115JB of the Act was not applicable to the assessee. The relevant extract of the impugned order is extracted hereunder: “7. In so far as question of applicability of provisions of section 115JB of the appellant company is co…

PR. COMMISSIONER OF INCOME TAX- 9 vs. M/S TATA POWER DELHI DISTRIBUTION LTD. (FORMERLY KNOWN AS M/S NORTH DELHI POWER LIMITED)

ITA/687/2019HC Delhi13 Jan 2025

Bench: CASES PERTAINING TO SPL.DIVISION BENCHES

Section 10Section 10(34)Section 115Section 115JSection 143(1)Section 143(2)Section 143(3)Section 260A

…7/2019 Page 5 of 25 relied on the decision of the Kerala High Court in Kerala State Electricity Board v. Deputy Commissioner of Income-tax: (2010) 329 ITR 91, and held that the ratio of this decision applied to the present case. The learned ITAT observed that no exceptional circumstances had been brought to its notice to deviate from the ratio laid down in the said decision. The relevant extract of the impugned order is extracted hereunder: ―34. Grounds No. 5 to 7 are in respect of the enhancement…

MEGA ENGINEERS & BUILDERS,PORT BLAIR vs. DCIT, CIR. 3(2) , PORT BLAIR

In the result, the appeal of assessee is allowed

ITA 312/KOL/2024[2017-18]Status: DisposedITAT Kolkata09 Oct 2024AY 2017-18

Bench: Shri Rajesh Kumar&Shri Pradip Kumar Choubey]

Section 194C

…sion as sought by the ld. D.R. It is also noted that the Tribunal in order to arrive at the said decision relied upon the following judicial pronouncements:- (i) Kurung Thai Bank –vs.- JCIT [49 SOT 12 (Mumbai)]; (ii) Kerala State Electricity Board –vs.- DCIT [329 ITR 91(Kerala)]; (iii) Maharashtra State Electricity Board –vs.- JCIT [82 ITD 422 (Mum. Tribunal); (iv) Union Bank of India –vs.- ACIT [ITA Nos. 4702 to 4706/Mum/2010]; (v) Indian Bank –vs.- Addl. CIT [ITA No. 469/Mds/2010]; (vi) State Bank of Hyderabad –vs.- DCIT [33 taxman.com 312 (Hyd.-Tribunal)]; (vii) Bank of India –vs.- Addl. CIT [ITA No. 1498/Mum.…

JAIPUR VIDYUT VITRAN NIGAM LTD.,JAIPUR vs. DCIT, CIRCLE-6, JAIPUR, JAIPUR

In the result, the appeal of the assessee is allowed and that of the Revenue is dismissed

ITA 88/JPR/2024[2016-17]Status: DisposedITAT Jaipur30 May 2024AY 2016-17

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri P.C. Parwal, CAFor Respondent: Shri Arvind Kumar, CIT-DR
Section 147Section 43B

…city duty on the assessee and therefore it is not a deduction which is otherwise allowable to the assessee. To support the contention so raised the ld. AR relied on the decision of Hon’ble Kerala High Court in case of Kerala State Electricity Board Vs. DCIT , 329 ITR 91 where in Para 27 of the order it held as under: 20 JAIPUR VIDYUT VITRAN NIGAM LTD. VS DCIT, CIRCLE-6, JAIPUR “27. On a plain reading of s. 43B we are of the opinion that the only clause if at all is relevant in the context of the facts of the appellant's case is cl. (a) which deals with "any sum payable by the assessee by way of tax, duty, .....…

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 7(1), KOLKATA, KOLKATA vs. DAMODAR VALLEY CORPORATION, KOLKATA

ITA 892/KOL/2023[2018-2019]Status: DisposedITAT Kolkata30 Nov 2023AY 2018-2019

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 115JSection 143(2)Section 211Section 250

…need not elaborate much to decide the substantial question of law raised before us as identical issue has been considered by the High Court of Kerala in the case of Kerala State Electricity Board v. Dy. CIT [2010] 8 taxmann.com 118/[2011] 196 Taxman 1/[2010] 329 ITR 91. The first of the two substantial questions of law framed in the said decision was whether section 115JB is applicable to the appellant/assessee therein namely, Kerala State Electricity Board. To be noted that Kerala State Electricity Board is a statutory corporation constituted by the notification of the State of Kerala pursuant to the power vest…

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 7(1), KOLKATA, KOLKATA vs. DAMODAR VALLEY CORPORATION, KOLKATA

ITA 891/KOL/2023[2017-2018]Status: DisposedITAT Kolkata30 Nov 2023AY 2017-2018

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 115JSection 143(2)Section 211Section 250

…need not elaborate much to decide the substantial question of law raised before us as identical issue has been considered by the High Court of Kerala in the case of Kerala State Electricity Board v. Dy. CIT [2010] 8 taxmann.com 118/[2011] 196 Taxman 1/[2010] 329 ITR 91. The first of the two substantial questions of law framed in the said decision was whether section 115JB is applicable to the appellant/assessee therein namely, Kerala State Electricity Board. To be noted that Kerala State Electricity Board is a statutory corporation constituted by the notification of the State of Kerala pursuant to the power vest…

ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE - 7(1), KOLKA, KOLKATA vs. DAMODAR VALLEY CORPORATION, KOLKATA

ITA 890/KOL/2023[2016-2017]Status: DisposedITAT Kolkata30 Nov 2023AY 2016-2017

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 115JSection 143(2)Section 211Section 250

…need not elaborate much to decide the substantial question of law raised before us as identical issue has been considered by the High Court of Kerala in the case of Kerala State Electricity Board v. Dy. CIT [2010] 8 taxmann.com 118/[2011] 196 Taxman 1/[2010] 329 ITR 91. The first of the two substantial questions of law framed in the said decision was whether section 115JB is applicable to the appellant/assessee therein namely, Kerala State Electricity Board. To be noted that Kerala State Electricity Board is a statutory corporation constituted by the notification of the State of Kerala pursuant to the power vest…

ASSISTANT COMMISSIONER OF INCOME, CIRCLE - 7(1), KOLKATA, KOLKATA vs. DAMODAR VALLEY CORPORATION, KOLKATA

ITA 889/KOL/2023[2012-2013]Status: DisposedITAT Kolkata30 Nov 2023AY 2012-2013

Bench: Sri Sanjay Garg & Dr. Manish Borad

Section 115JSection 143(2)Section 211Section 250

…need not elaborate much to decide the substantial question of law raised before us as identical issue has been considered by the High Court of Kerala in the case of Kerala State Electricity Board v. Dy. CIT [2010] 8 taxmann.com 118/[2011] 196 Taxman 1/[2010] 329 ITR 91. The first of the two substantial questions of law framed in the said decision was whether section 115JB is applicable to the appellant/assessee therein namely, Kerala State Electricity Board. To be noted that Kerala State Electricity Board is a statutory corporation constituted by the notification of the State of Kerala pursuant to the power vest…

NUCLEAR POWER CORPORATION OF INDIA LTD,MUMBAI vs. ADDL CIT RG 3(2), MUMBAI

ITA 3553/MUM/2011[2006-07]Status: DisposedITAT Mumbai29 Nov 2023AY 2006-07

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…Kerala High Court in Kerala State Division Bench of the Kerala High Court in Kerala State Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxmann.com 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and considered the rival submissions. In our view, no considered the rival submissions. In our view, no considered the rival submissions. In o…

NUCLEAR POWER CORPORATION OF INDIA LTD,MUMBAI vs. ADDL CIT RG 3(2), MUMBAI

ITA 2452/MUM/2011[2005-06]Status: DisposedITAT Mumbai29 Nov 2023AY 2005-06

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…Kerala High Court in Kerala State Division Bench of the Kerala High Court in Kerala State Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxmann.com 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and considered the rival submissions. In our view, no considered the rival submissions. In our view, no considered the rival submissions. In o…

NUCLEAR POWER CORPORATION OF INDIA LTD,,MUMBAI vs. ADDL. C.I.T,RANGE 3(2), MUMBAI

ITA 3867/MUM/2008[2001-2002]Status: DisposedITAT Mumbai29 Nov 2023AY 2001-2002

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…Kerala High Court in Kerala State Division Bench of the Kerala High Court in Kerala State Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxmann.com 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and considered the rival submissions. In our view, no considered the rival submissions. In our view, no considered the rival submissions. In o…

NUCLEAR POWER CORPORATION OF INDIA LTD,,MUMBAI vs. ADDL. C.I.T,RANGE 3(2), MUMBAI

ITA 4745/MUM/2007[2004-2005]Status: DisposedITAT Mumbai29 Nov 2023AY 2004-2005

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…Kerala High Court in Kerala State Division Bench of the Kerala High Court in Kerala State Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxmann.com 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and considered the rival submissions. In our view, no considered the rival submissions. In our view, no considered the rival submissions. In o…

NUCLEAR POWER CORPORATION OF INDIA LTD,,MUMBAI vs. ADDL. C.I.T,RANGE 3(2), MUMBAI

ITA 4744/MUM/2007[2003-2004]Status: DisposedITAT Mumbai29 Nov 2023AY 2003-2004

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…Kerala High Court in Kerala State Division Bench of the Kerala High Court in Kerala State Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxmann.com 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and considered the rival submissions. In our view, no considered the rival submissions. In our view, no considered the rival submissions. In o…

NUCLEAR POWER CORPORATION OF INDIA LTD,,MUMBAI vs. ADDL. C.I.T,RANGE 3(2), MUMBAI

ITA 4743/MUM/2007[2002-2003]Status: DisposedITAT Mumbai29 Nov 2023AY 2002-2003

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…Kerala High Court in Kerala State Division Bench of the Kerala High Court in Kerala State Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxmann.com 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and considered the rival submissions. In our view, no considered the rival submissions. In our view, no considered the rival submissions. In o…

THE DY CIT 3(2), MUMBAI vs. M/S. NUCLEAR POWER CORPORATION OF INDIA LTD, MUMBAI

ITA 4603/MUM/2007[2004-2005]Status: DisposedITAT Mumbai29 Nov 2023AY 2004-2005

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…Kerala High Court in Kerala State Division Bench of the Kerala High Court in Kerala State Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxmann.com 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and considered the rival submissions. In our view, no considered the rival submissions. In our view, no considered the rival submissions. In o…

NUCLEAR POWER CORPORATION OF INDIA LTD.,MUMBAI vs. ACIT RANGE 3(2), MUMBAI

ITA 4413/MUM/2004[2000-01]Status: DisposedITAT Mumbai29 Nov 2023AY 2000-01

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…Kerala High Court in Kerala State Division Bench of the Kerala High Court in Kerala State Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxmann.com 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and considered the rival submissions. In our view, no considered the rival submissions. In our view, no considered the rival submissions. In o…

NUCLEAR POWER CORPORATION OF INDIA LTD.,MUMBAI vs. ADDL.COMMR.OF INCOME TAX, SPL. RG.32, MUMBAI

ITA 202/MUM/2004[98-99]Status: DisposedITAT Mumbai29 Nov 2023

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…Kerala High Court in Kerala State Division Bench of the Kerala High Court in Kerala State Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxmann.com 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and considered the rival submissions. In our view, no considered the rival submissions. In our view, no considered the rival submissions. In o…

NUCLEAR POWER CORPORATION OF INDIA LTD.,MUMBAI vs. ACIT(OSD) RANGE 3(2), MUMBAI

ITA 114/MUM/2004[1999-2000]Status: DisposedITAT Mumbai29 Nov 2023AY 1999-2000

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 1998-99 & Assessment Year: 1999-2000 & Assessment Year: 2000-01 & Assessment Year: 2001-02 & Assessment Year: 2002-03 & Assessment Year: 2003-04 & Assessment Year: 2004-05 & Assessment Year: 2005-06 Nuclear Power Corporation Of Acit, Range-3(2), India Ltd., Aayakar Bhavan, M.K. Road, Vikram Sarabhai Bhavan, Vs. Mumbai-400021. Central Avenue, Anushakti Nagar, Mumbai-400094. Pan No. Aaacn 3154 F Appellant Respondent

…Kerala High Court in Kerala State Division Bench of the Kerala High Court in Kerala State Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxman Electricity Board v. Dy. CIT [20101 8 taxmann.com 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 118/[2011]196 Taxman 1/[2010] 329 ITR 91. 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and 3. We have gone through the circumstances on record and considered the rival submissions. In our view, no considered the rival submissions. In our view, no considered the rival submissions. In o…

ACIT, CIRCLE- 25(1), NEW DELHI vs. TATA POWER DELHI DISTRIBUTION LTD. (FORMELY KNOWN AS NORTH DELHI POWER LTD.), NEW DELHI

In the result, both the appeals of the assessee are partly allowed for statistical purposes and both the appeals of the revenue are dismissed

ITA 4454/DEL/2017[2012-13]Status: DisposedITAT Delhi05 Oct 2023AY 2012-13

Bench: Shri Kul Bharat & Shri M. Balaganesh

For Appellant: Ms. Shashi M. Kapila, AdvFor Respondent: Sh. Subhra Jyoti Chakraborty, CIT DR
Section 115JSection 143(3)Section 801A

…soever. The same is, accordingly, admitted. 7. In so far as the question of applicability of provisions of section 115JB of the appellant company is concerned, it has been answered by the Hon'ble Kerala High Court in the case of Kerala State Electricity Board 329 ITR 91 in favour of the assessee and against the revenue. The Hon'ble High Court has held as under: "Section on 115JB of the Income-tax Act, 1961creates a legal fiction regarding the total income of assessees which are companies. The book profit of the company is deemed to be the total income of the assessee in the circumstances specified in the section.…

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Kerala State Electricity Board v. DCIT (329 ITR 91) — Cited in 69 Judgments | BharatTax