Supreme Court · 2017 INSC 1140 · Decided 24 November 2017
Commissioner of Income Tax Ii v. M/S Modjpon LTD.
- Court
- Supreme Court of India
- Citation
- 2017 INSC 1140 · [2017] 11 S.C.R. 84
- Case number
- CIVIL APPEAL No. 19763/2017
- Decided
- 24 November 2017
- Bench
- RANJAN GOGOI, NAVIN SINHA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 43B; Central Excise Act
Headnote
income Tax Act, 1961: s.43B - Deduction under - Entitlement - Jn respect of excise duty paid in advance in the Personal ledger Account (PLA) - Held: Upon deposit in the PLA. the amount of such deposit stands credited to the revenue v.1ith the assessee having no domain over - Therefore, advance deposit of central excise duty constitutes ac/ual payment of duty within the meaning of s.43B and hence assessee is entitled lo the benefit of deduction of the said amount - Central Excise Act, 1944 - Central Excise Rules, 1944 - 1:173G Dismissing the appeals, the Court
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