VidhiSangh

Supreme Court of India · 07/02/2020

MARUTI SUZUKI INDIA LTD. versus COMMISSIONER OF INCOME TAX, DELHI

[2020] 2 S.C.R. 658 · 2020 INSC 150

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Summary

The Supreme Court rejected Section 43B deductions for unutilised MODVAT credit and the sales-tax recoverable balance. Paying suppliers a price containing duty shifted its economic incidence, not their statutory duty liability, to the purchaser. Unutilised credit was not actual payment of the purchaser’s own duty. Its later use before the return deadline did not satisfy the first proviso because the corresponding liability arose in the subsequent year.

Issues

  1. Whether unutilised MODVAT credit and the sales-tax recoverable balance qualified for Section 43B deductions.
  2. Whether using the credit before the return-filing deadline brought the claim within the first proviso.

Provisions considered

Held

Result

Assessee’s appeals dismissed; both disallowances and the High Court’s answers in favour of the Revenue affirmed.

Judgment PDF: Supreme Court of India, [2020] 2 S.C.R. 658.