1994 (11) TMI 85

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....year is 1981-82 corresponding to the accounting year ending December 31, 1980. The assessee had imported certain components in relation to which the customs authorities levied duty in the first instance by loading the invoice value by 20 per cent. The assessee disputed the consequent demand, but paid the additional duty under protest. The Collector of Customs later passed another order by which he....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....come crystallised during the year of account and was, therefore, liable to be allowed as business expenditure though no provision had been made in the accounts. He did not also accept the contention of the Income-tax Officer of the neutralising effect of the allowance. The Revenue appealed to the Tribunal and the Tribunal affirmed the order of the Commissioner relying on the decision of the Sup....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ed only long afterwards to 50 per cent. by the order of the Tribunal. The position at the end of the accounting period was that the liability was there, though disputed. It was accordingly that the assessee claimed deduction of this amount. No doubt, it had not made any provision in its accounts and the liability was also being disputed. But as held by the Supreme Court in Kedarnath's case [1971] ....