Kerala State Electricity Board v. DCIT

329 ITR 91High Court2010#1632 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 366,418 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)
Read the full judgment

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

Dena Bank, Mumbai vs. Asst (OSD) 2(3), Mumbai

In the result appeal ITA No

ITA 3696/MUM/2013[2009-10]Status: DisposedITAT Mumbai29 Jul 2016AY 2009-10

Bench: Sh. Br Baskaran & Sh Pawan Singh

Section 115Section 115JSection 143(3)Section 154Section 263

…the jurisdictional ITAT in case of Maharashtra state arrested board (82 ITD 422) the provisions of section 115 JB cannot be made applicable to the appellant. Reliance is also placed on the decision of Kerala High Court in case of trailer stated laxity board (329 ITR 91)” 21. We find that in case of Kurang Thai Bank PCL in ITA 339, 0/M/90 for AY 2004-05, it has been held as follows: “ in view of the above discussion, and following the view taken by a coordinate bench in the case of Maharashtra state relaxed the board versus ACIT (82 ITD 422), which holds that provisions of mat cannot be applied to the laxity c…

Allahabad Bank, Kolkata vs. Add.CIT, Range-6, Kolkata

In the result the appeal of the revenue is dismissed

ITA 1199/KOL/2012[2008-2009]Status: DisposedITAT Kolkata01 Jun 2016AY 2008-2009

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am ] Assessment Year : 2008-09

For Appellant: Shri Barun Kumar Ghosh & Shri Piyush Dey, FCAFor Respondent: Shri Rajat Subhra Biswas, CIT(DR)
Section 28Section 36Section 36(1)Section 36(1)(viia)

…JCIT 82 ITD 422(mum) took the view that provisions of Sec.115JB of the Act are not applicable to electricity generation companies governed by the provisions of Electricity Act. The Hon'ble Kerala High Court in Kerala State Electricity Board vs Dy. CIT (2010) 329 ITR 91 (ker), has also taken the same view. In view of the above ground No.6 raised by the assessee is allowed. In view of the decisions in ground no.6 no adjudication is required on ground no.7 raised by the assessee. 36. In the result the appeal of the assessee is partly allowed. 37. Ground Nos. 1 and 2 raised by the revenue read as follows :- “1. Tha…

Dipsc Limited, Kolkata vs. D.C.I T Cir - VI, Kolkata

In the result, the appeal of the assessee is partly allowed

ITA 890/KOL/2013[2007-08]Status: DisposedITAT Kolkata04 May 2016AY 2007-08

Bench: Shri Mahavir Singh, Jm & Shri M.Balaganesh, Am] Assessment Year : 2007-08

For Appellant: Shri Soumen Adak, FCA & Shri Amit Agarwal, ACAFor Respondent: Sallong Yaden, Addl. CIT, Sr.DR
Section 115JSection 143(3)Section 14ASection 211Section 616

…ce the provisions of section 115JB of the Act cannot be made applicable to the said companies. 4.9.1. We find that the issue is squarely covered by the following decisions in favour of the assessee:- Kerala State Electricity Board vs DCIT reported in (2010) 329 ITR 91 (Ker), wherein their Lordships of Kerala High Court held that :- “ Section 115JB of the Income-tax Act, 1961 creates a legal fiction regarding the total income of assesses which are companies. The book profit of the company is deemed to be the total income of assessee in the circumstances specified in the section. The expression “book profit” for…

Allahabad Bank, Kolkata vs. D.C.I.T Cir - 6, Kolkata

In the result, appeal by the Assessee is allowed

ITA 1460/KOL/2013[2003-04]Status: DisposedITAT Kolkata06 Apr 2016AY 2003-04

Bench: Hon’Ble Shri N.V.Vasudevan, Jm & Shri M.Balaganesh, Am]

For Appellant: Shri B.K.Ghosh, FCA & Shri Piyush Dey,FCAFor Respondent: Shri Rajat Subra Biswas, CIT(DR)
Section 10Section 143(3)Section 14A

…VI, Kol has erred in confirming the application of provision of section 115JB of the Income Tax Act to the case of the appellant bank in disregard of the ratios laid down by the Hon'ble Kerala High Court in the case of Kerala State Electricity Board vs. OCIT 329 ITR 91, Hon'ble ITAT, Mumbai in the case of Maharashtra State Electricity Board vs CIT. 82 ITO 422, Krung Thai Bank PCL vs Joint OIT, International Taxation (ITA No. 3390/Mum/09), Union Bank of India vs ACIT, L TU, Mumbai (ITA No. 4702 to 4706/Mum/2010 dated 30.06.2011) and Hon'ble ITAT, Chennai in the case of Indian Bank vs Additional CIT, Chennai (ITA…

Allahabad Bank, Kolkata vs. Addl. CIT, Range - 6, Kolkata

In the result, the assessee’s appeals for A

ITA 2175/KOL/2009[2005-06]Status: DisposedITAT Kolkata15 Mar 2016AY 2005-06

Bench: Shri P.M. Jagtap & Shri S.S. Viswanethra Ravi

Section 115JSection 14A

…ether the provisions of section 115JB are applicable to the assessee-Bank and the same is squarely covered in favour of assessee, inter alia, by the decision of the Hon’ble Kerala High Court in the case of Kerala State Electricity Board –vs.- DCIT reported in 329 ITR 91, Mumbai I.T.A. Nos. 2175 & 2176/KOL./2009 Assessment year: 2005-2006 & 2006-2007 & I.T.A. No. 2070/KOL/2009 Assessment Year: 2005-2006 Page 8 of 20 Bench of ITAT in the case of Maharashtra State Electricity Board –vs.- ACIT reported in 220 ITR 422 and another decision of the Mumbai Bench of ITAT in the case of Union Bank of India –vs.- ACIT (s…

Damodar Valley Corporation, Kolkata vs. Addl. CIT, Range - 9, Kolkata

Accordingly, the ground nos. 8 & 9 in ITA No. 451/Kol/2013 raised by the assessee are allowed

ITA 1622/KOL/2011[2008-09]Status: DisposedITAT Kolkata13 Jan 2016AY 2008-09

Bench: : Shri N.V. Vasudevan & Shri M. Balaganeshita No. 1622/Kol/2011 A.Y 2008-09

For Appellant: Shri D.S Damle, FCA, ld.ARFor Respondent: Shri Rajat Subhra Biswas, CIT, ld
Section 115JSection 143(3)

…MAT on corporations enacted by an Act of Parliament like assessee herein. 3.13. We place reliance on the following decisions in support of our findings rendered hereinabove on the impugned issue:- A. Kerala State Electricity Board vs DCIT reported in (2010) 329 ITR 91 (Ker), wherein their Lordships of Kerala High Court held that :- “ Section 115JB of the Income-tax Act, 1961 creates a legal fiction regarding the total income of assesses which are companies. The book profit of the company is deemed to be the total income of assessee in the circumstances specified in the section. The expression “book profit”for…

United Bank of India, Kolkata vs. D.C.I.T Cir- 6, Kolkata

In the result, the appeal of the revenue in ITA No

ITA 1916/KOL/2012[2009-10]Status: DisposedITAT Kolkata30 Dec 2015AY 2009-10

Bench: : Shri Mahavir Singh & Shri M. Balaganesh

For Appellant: Shri Soumitra Choudhury, Advocate, ld.ARFor Respondent: None appeared
Section 115JSection 143(3)Section 2(5)Section 211Section 40

…e order dated 7.9.2012 *Maharashtra State Electricity Board vs JCIT reported in (2002) 82 ITD 422 (Mumbai Tribunal) vide order dated 6.8.2001 ITA Nos.1916/K/12 & 113/K/13-C-AM United Bank of India 2 *Kerala State Electricity Board vs DCIT reported in (2010) 329 ITR 91 (Ker) * Indian Bank vs Addl CIT in ITA No. 469 / Mds / 2010 dated 3.8.2011 for Asst Year 2000-01 * Kurung Thai Bank vs JCIT reported in (2012) 49 SOT 12 (Mumbai Tribunal) * Union Bank of India vs ACIT in ITA No. 4702 to 4706 / Mum / 2010 for the Asst Years 2002-03 to 2006-07 * ICICI Lombard General Insurance Co Ltd vs ACIT reported in 2012- TIOL-6…

Uco Bank, Kolkata vs. DCIT, Circle - 6, Kolkata

In the result, the appeal of the asssesse in ITA No

ITA 1768/KOL/2009[2002-2003]Status: DisposedITAT Kolkata27 Nov 2015AY 2002-2003

Bench: : Shri M. Balaganesh

For Appellant: Shri D.S Damle, FCA, ld.ARFor Respondent: Shri S.Srivastava, CIT, ld.DR
Section 115JSection 254Section 29Section 36(1)(viia)

…d in (2013) 33 taxmann.com 312 (Hyderabad – Tribunal) vide order dated 7.9.2012 *Maharashtra State Electricity Board vs JCIT reported in (2002) 82 ITD 422 (Mumbai Tribunal) vide order dated 6.8.2001 *Kerala State Electricity Board vs DCIT reported in (2010) 329 ITR 91 (Ker) * Indian Bank vs Addl CIT in ITA No. 469 / Mds / 2010 dated 3.8.2011 for Asst Year 2000-01 6. In response to this, the Learned DR argued that the assessee is a nationalized bank and it was incorporated through the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. Section 11 of the Banking Companies (Acquisition and Tr…

Bses Rajdhani Power Ltd., New Delhi vs. ACIT, New Delhi

The appeal is partly allowed

ITA 3688/DEL/2011[2005-06]Status: DisposedITAT Delhi05 Oct 2015AY 2005-06

Bench: Shri I.C. Sudhir & Shri Inturi Rama Rao Assessment Year : 2005-06 Bses Rajdhani Power Ltd., Vs. Assistant Cit, Bses Bhawan, Nehru Place, Circle-3(1), New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent) Assessment Year: 2005-06 Deputy Cit, Vs. Bses Rajdhani Power Ltd., Circle 3(1), Bses Bhavan, Nehru Place, New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent) Assessment Year : 2006-07 Bses Rajdhani Power Ltd., Vs. Assistant Cit, Bses Bhawan, Nehru Place, Circle-3(1), New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent) Assessment Year: 2006-07 Deputy Cit, Vs. Bses Rajdhani Power Ltd., Circle 3(1), Bses Bhavan, Nehru Place, New Delhi. New Delhi. (Pan: Aagcs3187H) (Appellant) (Respondent)

Section 154

…ce with the provisions of the Banking Regulation Act. The provisions of Section 115JB cannot thus be applied to the case of banking company”. The Hon'ble Kerala High Court in its recent decision in the case of Kerala State Electricity Board vs. DCIT (2010) – 329 ITR 91 (Ker.) after detailed deliberation and referring the CBDT understanding (Circular No. 762 dated 18.2.1998 – 230 ITR (Statute) - 12 ) that companies engaged in the business of generation and distribution of electricity and enterprises engaged in developing, maintaining and operating infra-structure facility as a matter of policy, are not brought w…