Commissioner of Income-tax Vs. Govind Sugar Mills Ltd. - Court Judgment

Excerpt:
- ajit k. sengupta, j. 1. in this reference under section 256(2) of the income-tax act, 1961, for the assessment year 1978-79, the following question of law has been referred to this court :' whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that excise duty demand of rs. 2,71,400 even though disputed and not provided in the account, was an allowable expenditure during the year?'2. shortly stated, the facts are that the assessee claimed rs. 2,71,400 as excise duty demand in the return though the said demand was not provided in the accounts. on being requested to state the facts in regard to this demand, the assessee filed a copy of the petition of appeal filed before the appellate collector of central excise, calcutta, disputing the levy of demand. the income-tax officer was of the view that the assessee had not accepted the demand and it had not made any entry in the accounts. hence, the demand had not yet been quantified. the income-tax officer, therefore, did not allow the assessee's claim. he also held that it would be allowed in the year in which it was settled and paid.3. the commissioner of income-tax (appeals), on appeal, by placing reliance on an earlier order the tribunal, allowed the assessee's claim.4. on further appeal, the tribunal maintained the finding of the commissioner of income-tax (appeals) following its earlier order. it appears from the narration of facts that the assessee filed a copy of the petition of appeal before the appellate collector of central excise against the levy which was made. it has been stated before us by mr. khaitan, the learned advocate for the assessee, that the assessee has ultimately succeeded in the tribunal and, thereafter, no further proceedings have been taken by the collector. accordingly, there is no demand of which any deduction could be claimed.5. without going into the merits of the contention, we hold that inasmuch as the disputed demand did not survive in view of the ultimate finding of the excise tribunal, the income-tax appellate tribunal was not justified in holding that the excise duty demanded in a sum of rs. 2,71,400 was allowable expenditure during the year under consideration. we have decided this reference on the peculiar facts of this case at the suggestion of the parties on the subsequent event that ultimately the disputed demand was found to be not an actual liability of the assessee. we have not decided this reference on legal principles whether such demand is allowable asdeduction even though the demand was disputed and no provision was made.6. for the reasons aforesaid, the question in this reference is answered in the negative and in favour of the revenue.7. there will be no order as to costs.shyamal kumar sen, j. 8. i agree.