Co-operative society's mandatory reserve and share capital fixed deposits with banks-interest treated as business income under 80P(2)(a)(iii) deductio...
Income tax reassessment reopening after four years on investigation tip, without s.147 proviso disclosure failure, struck down as borrowed satisfactio...
ITAT held that customs duty paid under protest is a statutory liability allowable as deduction u/s 43B in the year of actual payment, irrespective of the year in which the liability was incurred. Once customs authorities order clearance of goods, the liability is deemed to have accrued in the year of payment. The Tribunal noted that the assessee had offered to tax, in AY 2020-21, the refund received pursuant to such payment, and sustaining the disallowance would result in double taxation. Accordingly, the adjustment u/s 143(1)(a)(iv) was deleted and the assessee's appeals were allowed.
ITAT held that customs duty paid under protest is a statutory liability allowable as deduction u/s 43B in the year of actual payment, irrespective of the year in which the liability was incurred. Once customs authorities order clearance of goods, the liability is deemed to have accrued in the year of payment. The Tribunal noted that the assessee had offered to tax, in AY 2020-21, the refund received pursuant to such payment, and sustaining the disallowance would result in double taxation. Accordingly, the adjustment u/s 143(1)(a)(iv) was deleted and the assessee's appeals were allowed.
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