Allowing the appeal of the assessee the Tribunal held that, though the assessee claimed refund of countervailing duty, the claim would not be a ground for treating the liability as not incurred particularly when the assessee already paid the amount. The claim of refund was already rejected by the AO and CIT(A), therefore, when the payment of countervailing duty was not in dispute the payment was otherwise an allowable deduction and could not be added merely because the assessee had claimed a refund. The AO while acting as a quasi-judicial authority and not to take advantage of any mistake or the entries made in the books of account. (AY.2016–17)