The assessee paid customs duty under protest during the relevant previous year and claimed deduction under section 43B. The Assessing Officer disallowed the claim. The Tribunal held that the liability had crystallised during the relevant year and the customs duty had actually been paid. Since any refund received had already been offered to tax in the subsequent assessment year, disallowance of the deduction would result in double taxation. The addition was therefore deleted. (AY. 2018-19).
Keysight Technologies India (P.) Ltd. v. Dy. CIT [2025] 181 taxmann.com 103 / 128 ITR 51 (SN) (Delhi)(Trib.)
S.43B: Deductions on actual payment-Customs duty paid under protest-Refund offered to tax in subsequent year-Disallowance would result in double taxation-Deduction allowable-Addition was deleted. [S. 143(3)]
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