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2017 (2) TMI 39 - AT - Income TaxAddition made u/s.145A - assessee has not given any details of challan of various Excise duty paid on raw-materials - Held that:- The detailed finding recorded by CIT(A) after observing that assessee has been consistently following the same method of adjustment u/s.145A over the years has not been controverted by Id. DR by bringing any positive material on record. The detailed working so arrived at by CIT(A) and the findings given there on are as per material on record, thus, do not require any interference on our part. Accordingly, we upheld the order of the CIT(A) for deleting the addition made by the AO u/s. 145A. - Decided in favour of assessee Disallowance on account of custom duty expenses - Held that:- This ground of appeal is covered in favour of assessee by the decision of special bench in DCIT vs. Glaxo Smith Healthcare Ltd. [2007 (7) TMI 334 - ITAT CHANDIGARH] wherein held Section 43B in clear terms provides that the deduction claimed by the assessee in respect of any sum paid by way of tax, duty, cess or fee, shall be allowed only in computing the income referred to in section 28 of that previous year in which it was actually paid, irrespective of the previous year in which the liability was incurred for the payment of such sum as per the method of accounting regularly employed by the assessee. For the purpose of claiming benefit of deduction of the sum paid against the liability of tax, duty; cess, fee, etc., the year of payment is relevant and is only to be taken into account. The year in which the assessee incurred the liability to pay such tax, duty, etc., has no relevance and cannot be linked with the matter of giving benefit of deduction u/s 43B of the Act. In this view of the matter, the appeal deserves to be allowed in favour of assessee.
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