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Section 43B doesn’t cover the enhanced licence fee enforced for allotment of certain land by railways: HC

April 12, 2019[2019] 104 232 (Delhi)

IT : Section 43B, either in clauses (a) and (b) of sub-section (1), do not cover license fee for allotment of certain land; Where liability to pay enhanced license fee was enforced by Railways upon assessee against lands allotted by it and assessee made provisions in its returns for said amounts but in revenue stated that said provisions properly fell within purview of section 43B and were therefore, not permissible as licence fee, could not have been allowed as deductions since they were not paid within that year, since assessee is following mercantile system of accounting and it has to book liability in year in which it arises irrespective of whether it in fact discharges liability in that year, assessee would be justified in claiming enhanced license fee as deduction in year in which such enhancement has accrued even though it has not paid such enhanced license fee in that year

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