Debate Over Section 43B of Income Tax Act: Excise Duty Receivables and Cenvat Credit Use in DGFT Transactions.

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....Addition u/s 43B - ED receivable from the DGFT - Whatever receivable from the DGFT, the amount is actually to be paid at the time of the purchases/imports. The appellant has only utilized the Cenvat credit for the payment of Excise duty and such the proposed action to disallow by applying the provisions of Section 43B is erroneous....