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2002 (11) TMI 82 - HC - Income TaxWhether in view of the provisions contained in section 43B of the Act, the assessee can claim deduction for the sum paid against the customs duty in the previous years. In other words, whether the benefit for the sum paid against the customs duty can be claimed in the subsequent year or the benefit of such deduction can only be allowed in the year in which the actual payment is made. - For the purpose of claiming benefit of deduction of the sum paid against the liability of tax, duty, cess, fee, etc., the year of payment is relevant and is only to be taken into account. The year in which the assessee incurred the liability to pay such tax, duty, etc., has no relevance and cannot be linked with the matter of giving benefit of deduction under section 43B of the Act. In this view of the matter, the appeal deserves to be allowed.
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