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Supreme Court of India · 2017-11-24

COMMISSIONER OF INCOME TAX II vs M/S MODIPON LTD.

Citation / case number
SC 2011/22190
Court
Supreme Court of India
Petitioner
COMMISSIONER OF INCOME TAX II
Respondent
M/S MODIPON LTD.
Author
NAVIN SINHA THE CHIEF RANJAN GOGOI
Bench
HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE THE CHIEF JUSTICE RANJAN GOGOI

Judgment text excerpt

The Supreme Court addressed the issue of whether an assessee is entitled to claim a deduction under Section 43B of the Income Tax Act, 1961 for excise duty paid in advance in the Personal Ledger Account (PLA). The Court held that the deduction under Section 43B is only applicable to actual payments made, not to amounts merely deposited in the PLA, which do not constitute actual payment of duty. Consequently, the Court set aside the High Court's orders that had allowed the deduction, ruling in favor of the Revenue.

COMMISSIONER OF INCOME TAX II vs M/S MODIPON LTD. · Niyam