2011 (10) TMI 372

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..... of Merchant Overtime Charge paid to excise department - Revenue expense relates to earlier years thus not allowed in assessment year under question - Held That:- Assessee was entitled to claim deduction in the assessment year in which such over time charges came to be paid by them. Therefore, the third substantial question of law is also answered in favour of the respondent-assessee and against th .....

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..... ose of deduction under Section 10B of the Act, which is contrary to the provisions of the Section 10B of the Act. (iii) Whether the Tribunal was correct in holding that the sum of Rs. 1,18,005/- claimed by the assessee as a deduction for having paid towards merchants overtime charges to the Excise Department, which pertain to the other assessment years has to be allowed in the current assessment .....

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..... for a deduction of Rs. 1,18,005/ having paid towards merchants overtime charges to the Excise Department According to the assessee, though it pertains to the earlier assessment years and was due, but the demand came to be made in the present assessment year and spent for the present assessment year, therefore, they have claimed the deduction for the assessment year 2004-05. So far as raising the .....

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