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2019 (8) TMI 727 - AT - Income TaxReopening of assessment u/s 147 - assessee claimed that issues raised in reopening was subject matter of the regular assessment' proceedings u/s. 143(3) and in appeal CIT(A) had given directions to the AO for allowing claims after verification of the facts/documents - HELD THAT:- When the issues were subject matter of appeal before the CIT(A) in the case of original assessment, in our opinion, the Assessing Officer cannot re-visit the same by re-opening the assessment u/s. 147 of the Act and also in view of second proviso to section 147. Further, the Jurisdictional High Court in assessee’s own case [2010 (11) TMI 127 - KERALA HIGH COURT] has deleted the addition made u/s. 43B with regard to supply surcharge, inspection fee and electricity duty and liability u/s. 115JB of the Act in favour of the assessee. Being so, in our opinion, re-opening of the assessment is bad in law and hence, the assessment order passed u/s. 147 of the Act vide order dated is 31.12.2010 is quashed. Disallowance of the Supply surcharge, Inspection fee, Electricity Duty u/s 43B - HELD THAT:- The Jurisdictional High Court in assessee’s own case [2010 (11) TMI 127 - KERALA HIGH COURT] wherein it was held when s. 43B(a) speaks of the sum payable by way of tax etc., the said provision is dealing with the amounts payable to the sovereign qua sovereign, but not the amounts payable to the sovereign qua principal. Therefore s. 43B cannot be invoked in making the assessment of the liability of the appellant under the IT Act with regard to the amounts collected by the appellant pursuant to the obligation cast on the appellant under s. 5 of the Electricity Duty Act, 1963. - In view of the above judgment of the Jurisdictional High Court, we are inclined to dismiss this ground of appeal of the Revenue. Computation of MAT income u/s 115JB - HELD THAT:- Jurisdictional High Court in assessee’s own case (supra) wherein it was held assessee, a statutory corporation constituted under s. 5 of the Electricity Supply Act, 1948, is not a company for the purpose of Companies Act and is not required to keep and maintain its accounts in the manner specified in the said Act and, therefore, the fiction laid down in s. 115JB is not applicable while making the assessment of the assessee - In view of the above judgment of the Jurisdictional High Court, we are inclined to dismiss this ground of appeal of the Revenue - decided against revenue
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