2007 (8) TMI 764 - HC - Income Tax

Summary

Issues involved:
The issue involves the deduction claimed by the assessee under section 43B of the Income-tax Act, 1961 for a Special Value Branch (SVB) deposit made with the Customs authorities.

Summary:

Issue 1: Deduction under section 43B of the Income-tax Act, 1961
The assessee claimed a deduction under section 43B for a SVB deposit made with the Customs authorities. The contention was that the payment was required to be made on demand to the Customs authorities pending final determination of the actual duty. The Commissioner of Income-tax (Appeals) allowed the deduction, directing the Assessing Officer to permit the deduction. The Tribunal upheld this view, considering that the assessee had no option but to make the payment as per the demand notice issued by the Customs authorities. The Tribunal also directed verification of any excess payment and to tax the amount if not already done, limiting the liability to the relevant assessment year.

Issue 2: Nature of the deposit
The revenue contended that the amount deposited was not customs duty. However, this argument was not raised before the Tribunal, and hence was not considered by the Court.

In conclusion, the High Court dismissed the appeal, finding no fault in the Tribunal's decision as the payment fell within the purview of section 43B of the Act, and no substantial question of law was found to arise for consideration.