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N.PACHUAU, R.V.EASWAR
Berger Paints India Ltd. – Appellant
Versus
Commissioner of Income-tax – Respondent


Advocates Appeared:
Dr. D. Pal,B. Biswas

ORDER

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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