IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.265 OF 2005 The Commissioner of Income Tax. ..Appellant. Vs. M/s. Silver Plastochem Pvt. Ltd. ..Respondent. Mr.S.M.Shah with Mr. Sandeep Wasnik and Mr. P.S.Sahadevan for the Appellant. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 24th March,2008. PC : 1. The Question of law-A as framed reads as under. "Whether the Custom duty Rs.11,13,896/- paid on the purchases made during the year and added pro rata at the end of year on closing stock can to be disallowed u/s. 43B? 2. The learned Tribunal in dismissing the appeal preferred by the revenue referred to the judgment of this court in the case of Bharat Petroleum Corporation Ltd. 252 ITR 43. In the light of that, the question of law-A as framed would not arise. 3. The question of law B reads as under. "Whether Central Sales Tax of Rs.62,138 collected but remain unpaid can be disallowed u/s.43B? 4. The Tribunal has answered this issue in favour of the assessee. However, as the tax incidence is less than Rs.4.00 lacs, the appeal on this point is not maintainable. The question of law, if any, is kept open for consideration in appropriate case. In the light of above facts, appeal is dismissed. (R.S. MOHITE, J.) (F.I. REBELLO, J.)