Held that on transfer of business the assessee is entitled to assured return of 14 Per Cent. plus supply margin up to 2 Per Cent. per annum on commission approved equity subject to achievement of aggregate transmission and commercial loss reduction targets. In case of overachievement of aggregate transmission and commercial loss reduction targets assesse is entitled to retain portion of additional revenue realised. Derecognition of income pertaining to consumer’s portion overachievement of minimum target or efficiency gain is not income of assessee. (AY.2011-12, 2012-13)
Tata Power Delhi Distribution Ltd. v.Add. CIT (2023)108 ITR 329 (Delhi)(Trib.)
S. 28(i) : Business income — Transfer of business-Derecognition of income pertaining to consumer’s portion overachievement of minimum target of efficiency gain — Not income.[S. 4]