Court held that (i) that the Tribunal was not right in holding that the unutilised Modvat credit amounts of earlier years adjusted in the assessment year 1999-2000, could be treated as actual payment of excise duty under section 43B .(ii) That the sales tax paid on raw material in the preceding assessment year was rightly allowed as a deduction in the current assessment year under section 43B .(iii) That the customs duty paid on imports, claimed as a deduction under section 43B , was directly paid by the assessee to the customs authorities during the assessment year in question. The Tribunal had rightly allowed the deduction.( ITA No .250 of 2005 dt. 7-07-2017 ( AY.1999-2000)
CIT v. Maruti Udyog Ltd. (2018) 407 ITR 159 /( 2019) 308 CTR 682(Delhi) (HC)
S. 43B : Certain deductions on actual payment -Excise duty — Unutilised modvat credit of earlier years, which is adjusted in current Assessment Year, cannot be treated as actual payment. Customs duty and sales tax of earlier years is allowable as deductions.[ S.145A ]