Supreme Court · 2010 INSC 4 · Decided 5 January 2010

National Hydroelectric Power CORPN. LTD. v. Commissioner of Income Tax

Court
Supreme Court of India
Citation
2010 INSC 4 · [2010] 1 S.C.R. 16
Case number
CIVIL APPEAL No. 6/2010
Decided
5 January 2010
Bench
S.H. KAPADIA, AFTAB ALAM (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
Companies Act; Income Tax Act Section 115JB

Headnote

Income Tax Act, 1961: s.115JB, Explanation-I Clause (b) - Applicability of - Advance against depreciation -(AAD) - C Held: AAD is a timing difference - It is not carried to profit and loss account - It is income received in advance subject to adjustment in future and not a reserve and hence clause (I) to s. 115JB is not applicable. D Assessee is supplier of electricity at notified tariff rate. The sale price included Advance against Depreciation (AAD) which is shown by assessee as sales in its profit and loss account. While computing the book profit, assessee deducted the AAD component

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