Dismissing the appeal of the Revenue the Court held that there was no such provision contained in the 1958 Act which showed that the liability to pay the electricity duty was upon the assessee. Rather section 4 of the 1958 Act read with the provisions contained in the Punjab Electricity (Duty) Rules, 1958 made it clear that the assessee was merely an agency assigned with a statutory function to collect electricity duty from the consumers and to pay it to the State Government. Therefore, the provisions of section 43B of the 1961 Act is not applicable. (AY.2008-09)
PCIT v. Dakshin Haryana Bijli Vitran Nigam Ltd. (2022) 449 ITR 605 (P&H)(HC).Editorial: SLP of Revenue is dismissed , PCIT v. Dakshin Haryana Bijli Vitran Nigam Ltd ( 2023) PCIT v. Dakshin Haryana Bijli Vitran Nigam Ltd( 2023) 454 ITR 801 ( SC)
S. 43B : Deductions on actual payment-Mercantile system of accounting-Electricity duty-Agency to collect electricity duty-Provision is not applicable. [S. 43B(a), Electricity Act, 2003]