2019 (9) TMI 315

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....te with Mr.Rahul Hakani and Shashank Dundu, for the Respondent. ORDER P.C. : On 20 August 2019, we passed the following order :- 'This Appeal under Section 260-A of the Income Tax Act, 1961 (the Act), challenges the order dated 17th May, 2016 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order dated 17th May, 2016 is in respect of Assessment Year 2007-0....

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....ax Duty Cess or Fees as stipulated u/s. 43B of the I.T. Act?" 3 The impugned order of the Tribunal allowed the Respondent-Assessee's appeal by holding that the Respondent is entitled to claim expenditure in respect of interest paid on delayed payment of customs duty under Section 37 of the Act. This by placing reliance upon the decision of Supreme Court in Mahalxmi Sugar Mills Co., v/s. C....

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.... for the Revenue states that he was not able to file any decisions contrary to the view taken by the Honble Supreme Court in Mahalaxmi Sugar Mills (supra) and various High Court decisions relied upon in the impugned order. (b) We find that the impugned order of the Tribunal after recording that the issue stands covered by various decisions of the Supreme Court and the various High Courts cases ....