N.PACHUAU, R.V.EASWAR
Berger Paints India Ltd. – Appellant
Versus
Commissioner of Income-tax – Respondent
Per R.V. Easwar, Judicial Member - The assessee is a public limited company engaged in the manufacture and sale of paints. It follows the mercantile system of accounting. A return of income was filed for the assessment year 1984-85 relevant to the accounting year ended 31-12-1983 declaring a total income of Rs. 1,93,21,870. In the course of the assessment proceedings the assessee filed a revised computation of its total income which is as under:
"Berger Paints India Limited.
(Formerly British Paints India Ltd.)
Statement showing amended total income for the assessment year 1984- 85 corresponding to our accounting year ended on 31-12-1983.
| | | Rs. |
| Total income as per return filed on 31-8-1984 | | |
| 1,93,21,870 |
| | Rs. | Rs. | |||
| Deduct | | ||||
| Excise Duty and custom duty paid during the year | 5,85,87,181 | ||||
| Less: | Amount of duty paid but allowed as deduction in earlier years | Nil | |||
| Balance to be claimed in the current year | | 5,85,87,181 | |||
| Less: Amount actually charged | | 4,87,61,348 | |||
| Balance being the amount of Excise Duty and custom duty actually paid but not charged in the profit and Loss Acc | |||||
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