Drawings/designs supply and erection supervision fees from German contractor: designs non-taxable; supervision taxed as FTS/PE depending on six-month ...
Imported analyser diagnostic cartridges treated as accessories with analyser system, not standalone diagnostic reagents; extended limitation and penal...
Steel-timber construction shuttering/formwork tariff classification dispute: essential character held steel, classified as shuttering under Heading 73...
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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