2007 (8) TMI 764

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..... -tax Appellate Tribunal, Delhi Bench C in ITA No. 812/Delhi/2003 relevant for the assessment year 1999-2000. 2. The assessee claimed a deduction under section 43B of the Income-tax Act, 1961 on the ground that it was required to make a Special Value Branch (SVB) deposit with the Customs authorities to the extent of ₹ 26,60,128. The assessee did not claim any such deduction before the As .....

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..... then such amount shall be brought to tax under section 41(1)(a) of the Act in the relevant year. 4. Against the order passed by the Commissioner, the revenue preferred an appeal before the Tribunal which upheld the view taken by the Commissioner. 5. We find from a perusal of the order passed by the Tribunal that the assessee really had no option but to make the payment as per the demand noti .....

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..... nd the assessee had no option but to make the payment. This clearly falls within section 43B(a) of the Act. 7. Learned counsel for the revenue contended that the amount deposited by the assessee is not customs duty at all. No such argument was canvassed before the Tribunal and we cannot permit learned counsel to raise such an argument at this stage. 8. In our opinion, no substantial question .....

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