Assessee claimed excise duty of certain amount being differential excise duty attributable to opening and closing stock of finished goods held by them during previous year. Tribunal held that if said amount was again allowed in assessment, it would amount to double deduction. On appeal the Court held that  section 43B, provides that excise duty would be deductible only on payment basis in year in which it is actually paid. On the facts the  excise duty paid and included in closing stock had to be claimed separately as a deduction otherwise assessee would not be claiming entire excise duty paid in year of its payment. Thus, while computing total income for relevant assessment year, assessee had claimed a deduction of excise duty actually paid in year 1985 and included in closing stock less excise duty paid and included in closing stock of 1984 which had already been claimed and same would not amount to double deduction. Appeal of assessee is allowed. (AY. 1986-87)