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2016 (11) TMI 716 - BOMBAY HIGH COURTLiability on account of customs duty - unascertained liability - ITAT deleted addition - Held that:- Clause as existing in the subject Assessment Year has not at all been considered by the Tribunal in the impugned order while allowing the Respondent-Assessee's appeal for the Assessment Year 1986-87. The distinction in facts has been ignored by Tribunal while passing the impugned order. Secondly, in the present facts, the Respondent-Assessee filed a suit against its sellers M/s. Vinay Industries in the Civil Court at Ludhiana, apparently disputing its liability to pay the additional Customs Duty of ₹ 91.54 lakhs. Thus, the amount payable, has not been crystallized during the subject Assessment Year according to the Revenue. This fact was absent in the proceedings leading to the order dated 17th July, 1989 passed in respect of Assessment Year 1985-86. The aforesaid distinction was also missed sight of by the Tribunal while passing the impugned order dated 13th December, 2007. Thus the appeal of the Respondent-Assessee is restored to the Tribunal for final disposal.
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