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2016 (8) TMI 101 - HC - Income TaxUnpaid sales tax liability - deduction in view of Section 43B - Held that:- The issue raised herein viz. the sales tax collected by the assessee in the last quarter of the year was paid in the subsequent quarter before filing of the return, is to be allowed as a deduction in view of Section 43B of the Act, stands concluded against the Revenue by the decision of the Apex Court in Allied Motors (P.) Ltd. v/s. Commissioner of Income Tax [1997 (3) TMI 9 - SUPREME Court ] . - Decided in favour of the assessee Excise duty portion included in the closing stock - deduction in view of Section 43B - double deduction - Held that:- There is no question of double deduction, as deduction under Section 43B of the Act is allowable only on actual payment. The actual payment of ₹ 877.38 lakhs has admittedly been done during the previous year relevant to the subject assessment year for which the deduction is claimed. There could be no occasion of making the same payment of ₹ 877.38 lakhs on duties/taxes in future. This is so as the payment has been made in the previous year relevant to the subject assessment year. Accordingly question covered by the decision of the Apex Court in Berger Paints India Ltd. (2004 (2) TMI 4 - SUPREME Court ). Accordingly, both the questions are answered in the negative i.e. in favour of the assessee
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