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2016 (6) TMI 93 - AT - Income TaxDisallowance made u/s.43B - amount of excise duty paid - Held that:- CIT(A) while deciding the issue in favour of assessee has given a finding that the amount of excise duty paid by the assessee was eligible for deduction in view of the decisions cited in his order. We also find that A.O. in his order has noted that the facts in the impugned year A.Y. 2009-10 are similar to that of A.Y. 2008-09. We further find that the Co-ordinate Bench in assessee’s own case for A.Y. 2008-09, while deciding the appeal of Revenue has decided the issue in favour of assessee by holding that the Section 43B is not restrictive of prohibiting section by the Revenue but it is equally an enabling provision under which deductions are allowed on the payment of duties and taxes. In other words, the provision of Section 43B overrides the method of accounting consistently followed and provides for the deduction of statutory liabilities in the year of payment irrespective of the year in which the liability is incurred. - Decided against revenue
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