https://www.taxtmi.com/caselaws?id=58216 The Tribunal held that the refund of excise duty received by the assessee was not taxable under Section 41(1) of the Income Tax Act, 1961. It was determined that since the excise duty was never claimed as a deduction in any previous year and the liability to refund the amount to the customers persisted, Section 41(1) did not apply. The Tribunal set aside the CIT(A)'s decision and directed the ITO to delete the addition made, ultimately allowing the appeal of the assessee. en-us Thu, 26 Aug 1993 00:00:00 +0530 Fri, 17 Dec 2010 18:29:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=58216 The Tribunal held that the refund of excise duty received by the assessee was not taxable under Section 41(1) of the Income Tax Act, 1961. It was determined that since the excise duty was never claimed as a deduction in any previous year and the liability to refund the amount to the customers persisted, Section 41(1) did not apply. The Tribunal set aside the CIT(A)'s decision and directed the ITO to delete the addition made, ultimately allowing the appeal of the assessee. Case-Laws Income Tax Thu, 26 Aug 1993 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=58216