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Assessment of kist and interest for the year 1982-83, Disallowance by Income-tax Officer, Appeal by Commissioner of Income-tax (Appeals), Further appeal by Appellate Tribunal, Application under section 256(1) of the Income-tax Act, Original petition by Revenue under section 256(2) of the Act, Questions raised regarding liability and deductions, System of accounting followed by the assessee, Applicability of previous court decisions. Analysis: The case involves the assessment of kist and interest for the year 1982-83, where the Revenue filed an application under section 256(1) of the Income-tax Act to refer questions of law for the decision of the court. The Appellate Tribunal had allowed the entire amount of Rs. 14,79,808 as a deduction, which was disputed by the Revenue. The Tribunal referred to the decision in Issac's case and the Supreme Court's decision in Kedarnath Jute Manufacturing Co. Ltd. v. CIT, stating that the liability to pay kist and interest was not obliterated by the previous court's judgment. The Tribunal held that the liability existed on March 31, 1982, and thus allowed the deduction. The fundamental issue in the case revolves around the system of accounting followed by the assessee. The court noted that there was no mention of the accounting system being "mercantile" in any of the previous orders. Without a clear finding on the accounting system, the applicability of the Supreme Court's decision in Kedarnath Jute Manufacturing Co.'s case could not be determined. The impact of the previous court's decision on the liability accrued also needed to be examined properly, which was lacking in the previous assessments. The court found that questions raised by the Revenue regarding the liability and deductions did arise from the Tribunal's order and directed the Tribunal to refer these questions for the court's decision. However, a hypothetical and legal question raised by the Revenue was deemed non-referable as it did not pertain to a legal decision. The court allowed the original petition to the extent of referring specific questions for decision while dismissing the non-referable question. This judgment highlights the importance of a clear understanding of the accounting system followed by the assessee and the impact of previous court decisions on liabilities and deductions for accurate assessment under the Income-tax Act.
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