Tax planning opportunity by SC?

Background (a) The decision relates to deductibility of excise duty u/s 43B of the Income Tax Act, 1961. Section 43-B requires cumulative existence of following; The deduction claimed by the Assessee must be “otherwise” allowable under the other provisions of the Act. The deduction must relate to any sum payable by way of tax, duty, cess or fee. The Assessee must have incurred liability in respect of such tax, duty, etc. (b) On fulfilling these conditions, the Assessee’s claim can be allowed in the year in which actual payment is made, notwithstanding the year in which liab...