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2017 (1) TMI 1029 - HC - Income TaxAdditions towards receipt of excise duty - non-crediting of 'Excise Duty Receivable' to the P & L Account - avoiding the provisions of Section 43B - Held that:- The Tribunal has considered the matter at length and has clearly come to the conclusion that the excise duty, which was received by the assessee, was passed on by the assessee to the Government Department and, therefore, the excise duty, recovered by it, would not constitute any income to the assessee itself in order to invite the imposition of any tax. This Court in the case of Commissioner of Income Tax Vs. M/S United Engineering (P) Ltd. [2013 (12) TMI 1315 - ALLAHABAD HIGH COURT], wherein also this Court came to the conclusion that the excise duty, which was received by the assessee, was passed on to the Government Department and, therefore, ultimately resulted in non-accrual of any income to the assessee and no addition could be made on that behalf. - Decided in favour of the assessee and against the Department.
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