Indian Metal and Ferro Alloys Ltd. v. CIT (2022) 287 Taxman 320/ 212 DTR 177/326 CTR 161 (Orissa)(HC)Editorial: SLP of assessee dismissed , Indian Metals and Ferro Alloys Ltd. v. CIT (2022) 289 Taxman 146 (SC)

S. 43B : Deductions on actual payment-Electricity-Interim order to deposit electric duty-Money deposited in escrow account-Did not satisfy requirement of amount having been actually paid-Disallowance is held to be justified. [S. 43B(1)]

Court passed an interim order directing assessee to continue to pay electricity duty at lesser rate and to deposit differential amount of duty in a separate ‘non-lien/escrow’ account till disposal of case by Supreme Court. Assessee claimed deductions under section 43B(1) in respect of such amount deposited in no-lien/escrow account.  Assessing Officer disallowed  on ground that assessee was holding money in said account and same was not ‘actually’ paid to State Government.  Since assessee had deposited sum of money in no lien/escrow account where assessee did not wholly lose control over it and State Government had no access to it until disposal of writ by Supreme Court, such payment would not satisfy requirement of amount having been actually paid  for claiming deduction under section 43B(1) of the Act. (AY. 2009-10)