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2019 (4) TMI 624 - HC - Income TaxDeduction u/s 80IA - inclusion /exclusion of components of price for sale of electricity fixed on basis of tax liability as part of sale price of electricity in computing relief - HELD THAT:- As decided in assessee's own case [2013 (1) TMI 136 - MADRAS HIGH COURT] no hesitation in accepting the plea of the assessee that the Commissioner committed serious error in dissecting the tariff to come to the conclusion that the tax component specified as part of the tariff is reimbursement of the liability of the assessee and hence it would not form part of the income. As already pointed out, when the Revenue had not questioned the genuineness of the agreement between the parties and liberty is thus available for the parties to arrive at the cost of the energy to be supplied by the assessee as guided by the notifications of the Ministry of Power in this regard, we find no ground to sustain the plea of the Revenue that the relief to be granted under Section 80IA calls for exclusion of the tax component in the sale price of electricity. - Decided in favour of assessee.
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