2007 (2) TMI 198

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....by RAJESH BINDAL J.-The following question of law has been referred for the opinion of this court by the Income-tax Appellate Tribunal, Chandigarh Bench, Chandigarh (for short, "the Tribunal"), that arises out of its order dated February 18, 1993, in I. T. A. No. 1853/Chandi/92 for the assessment year 1989-90: "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal w....

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....cer which had already been confirmed during the assessment year 1988-89. He accordingly deleted that amount from the addition of Rs. 1,68,582 for the assessment year 1989-90 and confirmed the addition of the balance amount of Rs. 61,992. In further appeal before the Tribunal, the entire addition was deleted. It was found by the Tribunal that excise duty under the provisions of the Central Excise R....

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.... learned counsel for the assessee. The only contention raised by learned counsel for the Revenue is that since the goods in question were not removed from the premises of the assessee during the year in question, the duty amount would be considered to have been paid in advance and accordingly the assessee was not entitled to deduction thereof during the year in question as the expense was to re....

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....for the parties, we find the contention raised by learned counsel for the Revenue to be totally misconceived. Once it is found as a fact by the Tribunal that duty as per the statutory provisions became payable, the moment goods were manufactured then the assessee was under obligation to deposit that much amount in the "account-current" and the amount so deposited in the "account-current" being non....