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.

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