C.I.T vs. HUGHES ESCORTS COMMUNICATIONS LTD
What did the High Court hold?
The High Court held that payments made to Customs under protest, which were required to be discharged by the assessee, clearly fell within Section 43-B(a) of the Income Tax Act. Therefore, no substantial question of law arose.
What were the facts?
The appeal concerned assessment year 2002-03 and involved two issues: foreign exchange rate fluctuation and deductibility of payments made to Customs under protest. The first issue was covered by a previous High Court decision. The second issue related to a Special Value Branch (SVB) deposit with Customs.
What were the issues?
The primary issue was whether payments made to Customs under protest, specifically an SVB deposit, were deductible under Section 43-B of the Income Tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cited by 34 judgments on BharatTax
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- M/S Monk Akarshala Private Limited, Mumbai v. Dy Commissioner of Income Tax, Circle-2(2)(1), MumbaiMumbai · 2024-05-03
Cases cited in this judgment(1)Show listHide list
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- CIT v. Woodward Governor India Pvt. Ltd.120 citing294 ITR 451 · 2007 · HC · Read judgment
IN THE HIGH COURT OF DELHI AT NEW DELHI . 14.08.2008 . Present: Ms P.L. Bansal, Advocate for the Appellant. Ms Kavita Jha, Advocate for the Respondent. . + ITA No.910/2008 . This appeal pertains to the assessment year 2002-03 and is directed against the order dated 7.12.2007 passed by the Income Tax Appellate Tribunal in ITA No. 3989/Del/2005. The learned counsel for the appellant submitted that two issues are sought to be raised in this appeal. The first issue pertains to the increase in the revenue liability on account of foreign exchange rate fluctuation. This issue stands covered against the revenue and in favour of the assessee by virtue of the decision of this Court in CIT Vs. Woodward Governor India Pvt Ltd: 294 ITR 451. . The learned counsel for the appellant submits that the second issue pertains to payment made to the Customs under protest and the deductibility of the same under Section 43-B of the Income Tax Act, 1961 (hereinafter to be referred as ?the said Act?). She submits that the Income Tax Appellate Tribunal in rendering the impugned decision on this issue had followed its earlier decision in respect of assessment year 1999-00. An appeal had been preferred against the said order for assessment year 1999-00 being ITA No. 761/107. A copy of the order dated 17.08.2007 passed in that appeal has been placed before us. We find that the issue raised therein is exactly the same as the one sought to be raised here, namely, the claim of deduction under Section 43-B of the said Act on the ground that it was required to make a Special Value Branch (SVB) deposit with the Customs Authorities. This Court after examining the order of the Tribunal impugned in that appeal came to the conclusion that no fault could be found with the view taken by the Tribunal primarily because the liability was required to be discharged by the assessee on the payment and that the assessee had no option but to make the payment. This Court held that such payment clearly fell within Section 43-B (a) of the said Act. As such, this Court found that no substantial question of law arose and dismissed the appeal. . For the very same reason, we find that no substantial question of law arises for our consideration. The appeal is dismissed. . . BADAR DURREZ AHMED, J . . . RAJIV SHAKDHER, J August 14, 2008 sb .
More judgments on Section 43-B
- Abhilakh Singh Sikarwar, Gwalior vs Income Tax Officer, Ward 2(2), GwaliorITA 255/AGR/2026[2020-21]Status: Disposed2 Jun 2026AY 2020-21
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- Spectrum Talent Management Private Limited… vs Deputy Commissioner of Income Tax, CPC, CPC…ITA 3313/DEL/2024[2020-21]Status: Disposed13 Dec 2024AY 2020-21
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