1At the instance of the assessee the Income Tax Appellate Tribunal, Cochin Bench referred the following question of law for our opinion.
"Whether, on the facts and circumstances of the case, the Income Tax Appellate Tribunal was right in having held that the excise duty demands raised relating to this year in the subsequent year was not an admissible deduction?"
We are concerned with the assessment year 1983-84, for which the accounting period ended on 30-6-1982. The assessee paid central excise duty on the goods manufactured by it in accordance with its own calculations. Subsequent to the close of the accounting year relevant to the assessment year 1983-84, the Central Excise Department had raised certain demands based on a different calculation. This additional demand was later paid by the assessee. The assessee also contested the validity of the demand, without success, before the appellate authorities. The assessee paid the additional central excise duty as demanded in respect of the goods manufactured in the accounting year only after the close of the accounting year and claimed the same as a deduction in the accounting year. The Tribunal, upholding the finding of the Assessing

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