Dy. CIT v. Tata Power Delhi Distribution Ltd. (2020) 273 Taxman 56 (Delhi) (HC)

S. 28(i) : Business income-Electricity company-Electricity distribution-Efficiency gain amount which was not refunded to customers, said surplus fund being at disposal of State Electricity Regulatory Commission, could not be included in business profit. [S. 4]

Assessee company was engaged in business of distribution of electricity in Delhi.  It had no right to appropriate efficiency gain amount which was not refunded to customers and said surplus fund was at disposal of State Electricity Regulatory Commission. Assessing officer treated the said income as business income. Tribunal deleted the addition. On appeal by the revenue the Court held that surplus amount could not be included in business profit of assessee. (AY.  2009-10)