Held that the Supreme Court in  Gujarat Urja Vikas Nigam Ltd v. CIT(2024) 465 ITR 798 (SC)   had held that the assessee was entitled to the benefit of section 43B of the Act. The adjustment of electricity duty by the Government against the subsidy sanctioned by the Government amounted to valid payment for the purposes of section 43B of the Act and deduction should be allowed on a payment basis in the year the payment is made. The matter was restored to the Assessing Officer for fresh adjudication in light of the Supreme Court’s order and after considering the facts and evidence presented by the assessee, particularly the chartered accountant’s certificate as mandated. (AY.1996-97)