2008 (2) TMI 323

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..... ainst the decision in the case of Raj & Sen Deeps Ltd., Ludhiana vs. A. C.I.T. [2008 -TMI - 31178 - PUNJAB AND HARYANA HIGH COURT] has been answered against the revenue by the HC – hence revenue appeal is dismissed in instant case - 590 of 2007 - - - Dated:- 11-2-2008 - SATISH KUMAR MITTAL and RAKESH KUMAR GARG JJ. Mr. Sanjiv Bansal, Advocate, for the appellant. JUDGMENT The judgmen .....

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..... of the assessee with regard to an amount of Rs.50,07,668/- which was paid as Excise Duty in advance while holding that when the said duty had not become payable, there was no justification to pay the same in advance. Aggrieved against the said order, the assessee filed an appeal before the Commissioner of Income Tax (Appeals), who vide order dated 05.07.2002 deleted the said addition. Being not s .....

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..... te Tribunal was right in law in deleting the addition made u/s 43-B on account of advance excise duty paid which was neither debited to profit and loss account nor sales account or made part of the purchase price?" 4. He further conceded that in the said reference, the aforesaid question has been answered against the revenue and in favour of the assessee. 5. In view of the aforesaid, in ou .....

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