Refund claim dismissed as time-barred under s.142(5); non-obstante clause read restrictively, merits not decided, self-assessment payments not mere de...
Assessee's project-completion revenue recognition upheld; income addition deleted under Guidance Note/AS-9 and percentage-completion rules as complian...
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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