2019 (4) TMI 624

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....or the Respondent : Mrs.R.Hemalatha, Standing Counsel JUDGMENT DR.ANITA SUMANTH, J. These Tax Case Appeals relate to assessment years 2003- 2004 and 2004-2005. The following substantial question of law has been framed:- "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that components of price for sale of electricity fixed on basis of tax li....

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....determined inter se parties would also be taken to be a part of sale price. 4. This court has, in its order aforesaid, noticed as follows:- "6. A reading of the agreement dated 18.2.1999 entered into between the assessee and the various State Electricity Boards thus show the modalities of arriving at the tariff which includes the tax liability of Neyveli Lignite Corporation. T....

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....h part of the tariff and hence, part of the sale price." and has concluded in para 18 as under:- "18. In the circumstances, we have 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 h....