TMI Blog2013 (12) TMI 1315X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant - On the removal of goods from the premises of the appellant, Excise duty was kept by the appellant as per the requirement from the concerned Government Department in lieu of Central Excise Duty paid earlier - In the net result, the appellant was not in receipt of any amount from the Government Department to whom goods were sold - Decided against Revenue. - Income Tax Appeal No. - 46 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... holding that when the amount of Central Excise Duty was received on account of reimbursement and also because this amount was not debited in the profit and loss account inasmuch as the Excise duty account wherein the amount has been credited as receivable in an integral part of profit and loss account and balance sheet.?" We have gone through the order of the Tribunal and found that valid reaso ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arlier and thus in the net result the assesee was not in receipt of any amount from the government department to whom the goods were sold. The relevant facts and findings have been recorded by the learned CIT (A) in para 3.1 of his order which are as under:- "3.1 From the detailed explanation of the appellant, it is seen that the Excise Duty was never charged from the Govt. Department to whom th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of Rs.10,31,279/- was called for in this case, because, what the appellant received during the relevant period was only a reimbursement of what was paid by the appellant on behalf of the Govt. Department at the time of removal of goods for being supplied to the Government Deptt. I, therefore, delete the addition of Rs.10,31,279/- made by the AO in this regard. The appellant will get relief acc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the assessee used to reimburse from the concerned Government Department in lieu of the central excise duty paid earlier, and thus in the net result, the assessee was not in receipt of any amount from the Government Department, to whom the goods were sold. The question of law raised in this appeal is thus decided against the revenue and in favour of the respondent- assessee. The Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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