S. 43B No disallowance for Electricity duty collected on behalf of state government but not paid: HC

Brief of the Case Calcutta High Court held In the case of CESC Ltd. vs. CIT that Section 43B of the Income Tax Act is attracted to a case where payment is to be made to the State Government in the capacity of the State as a sovereign and not to a case where payment is to be made to the State Government in its capacity as a principal by an agent. In the instant case, the relationship between the State and the licensee is of a principal and agent/fiduciary and not that of a sovereign and a subject. So, provision of Section 43B of the Income Tax Act does not apply to the electricity duty collecte...