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2014 (6) TMI 1015 - AT - Income TaxAddition u/s 43B - deduction for deposit of electricity duty as per the directions of the Hon'ble Odisha High Court - Held that:- The word used u/s 43B are same as "actually paid". By depositing the amount in a designated account, it cannot be said that amount has actually been paid by the Assessee to the State Government. Whenever payment is made in respect of a liability, the receiver of the amount must be the person who has received the amount. The plain meaning of the expression “actually paid” means that the same should have actually been paid to the coffer of the State Government. Depositing the amount with the third party, in our opinion, will not tantamount to actual payment made to the State Government. The Assessee may not have no lien on the account in which the amount has been deposited but that does not mean that the amount has actually been paid to the State Government. The amount is kept into “no-lien” account just to ensure the payment of the liability in the event of State Government succeeding in the pending litigation. This cannot be regarded to be the sum actually paid to the State Government for the electricity tariff. The Assessee has disputed the liability and went before the Hon'ble High Court. On the direction of the Hon'ble High Court the amount has been deposited by the Assessee in the designated “no-lien” account with the banker. This, by no stretch of imagination can be regarded to be the discharge of the liability by the Assessee. Actual payment of the amount means that the liability is actually discharged by the Assessee. - Decided against assessee. Claim of deduction in respect of foreign traveling expenditure of the Directors - allowable busniss expenditure - Held that:- AO has disallowed 20% of the expenditure as the Assessee did not file before the AO the tour itinerary of the Directors, details of item-wise expenses incurred by each of the Directors on travel, stay and entertainment etc. Not only this, even though the Assessee has gone before the CIT(A) in respect of the said ground of appeal, but before the CIT(A) the Assessee did not press the said ground of appeal. Before us, even though the Assessee has taken the ground but did not place any cogent material or evidence for non-filing of which the AO had made the disallowance. The contention of the Assessee cannot be accepted that the AO has not asked for the evidences. If the Assessee had necessary evidences, he could have produced the same before the CIT(A) or before us. Under these circumstances, we dismiss the ground taken by the Assessee and confirm the order of AO. - Decided against assessee.
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