2025 (12) TMI 70

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....hi-5/10179/2019-20 and CIT(A), Delhi- 1/10017/2019-20 filed before him against the orders dated 02.10.2019 and 15.03.2019, respectively, passed u/s 143(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') by the ADIT, CPC, Bangalore (hereinafter referred to as the Ld. AO, for short). 2. Heard and perused the records. The appeals were heard together and have common issue so where necessary facts for AY 2018-19 shall be narrated. The factual aspects necessary for determination of these appeals are that the Appellant was incorporated on February 14, 2014 in India as private limited company and is engaged in business of marketing, distribution and after sales services of the products manufactured by Keysight Group entities u....

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....on under Section 43B of the Act in the year in which the payment is made by the Appellant irrespective of the fact that the Appellant has recorded it as an expenditure in the books of accounts or not. Appellant's AR submits that in the year in which the determination of tax liability reached finality, the refunded amount of the impugned customs duty paid under protest has been offered to tax in AY 2020-21 and will be offered to tax in future also in the year of actual receipt. Thus, the additions made by the Ld. AO on this account are contrary to the facts of the case and liable to be deleted. 4. Ld. DR has submitted that there cannot be any provision or advance payment of any customs duty which has to accrue on basis of productions. He ....