Assessee-company had its own captive power plant (CPP) and electricity duty was payable by assessee to Government of Odisha on electricity generated in its CPP.  With effect from 10-10-2001, Government of Odisha issued a notification raising electricity duty payable from 12 paisa per unit to 20 paisa per unit. On appeal, Court permitted assessee to continue to pay electricity duty at 12 paisa per unit and assessee deposited differential 8 paisa per unit in a fixed deposit with State Bank of India (SBI) as directed. Further, as directed by Court, assessee transferred Rs. 130 crores from fixed deposits lying in SBI to State Government. Assessee filed its returns for assessment years 2003-04 to 2006-07 and claimed deduction under section 43B towards electricity duty paid including amounts deposited by it with SBI. Revenue disallowed above amount by treating it as a deposit in a designated bank account and not as payment of electricity duty. On appeal the Court held that  the  amount had not only been parted with by assessee under direction of Court, but had also been received by Government therefore, deduction under section 43B as claimed by assessee could not have been denied. Matter was to be remanded to Assessing Officer to verify the amount released to  State Government.  (AY. 2006-07)