TMI Blog2010 (3) TMI 863X X X X Extracts X X X X X X X X Extracts X X X X ..... med deduction in respect of the customs and excise duty paid by virtue of section 43B of the Income-tax Act - Assessing Officer by his order had stated that the actual payment had not been established and, therefore, was disallowed under section 43B of the Act – Held that:- appeal is allowed and the matter is remanded back to the Assessing Officer - 3223 of 2005 - - - Dated:- 29-3-2010 - MANJUN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e applicability of section 43B of the Act the opening stock will stand reduced and corresponding addition to its income has to be made on mere conjec- tures and surmises and consequently recorded a perverse finding ?" 2. We have heard the learned counsel for the Revenue and the learned senior counsel for the respondent-assessee. The question for consideration is whether the respondent-assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claimed by the assessee. Being aggrieved by the said order of the Commissioner of Income-tax (Appeals), the assessee preferred an appeal before the Income-tax Appellate Tribunal. The Tribunal allowed the appeal and has granted the relief under section 43B of the Act. The said order is challenged in this appeal. 4. During the course of arguments, learned senior counsel for the respon- dent-ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 99 (SC) cannot be made applicable straight-away. In the circumstances, it is just and proper to remand the matter back to the Assessing Officer to con- sider the entire issue by giving an opportunity to the respondent-assessee to produce the necessary evidence to establish that there had been an actual payment of customs and excise duty before the due date so as to be entitled to the benefit unde ..... X X X X Extracts X X X X X X X X Extracts X X X X
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