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1980 (9) TMI 153

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..... T.A. No. 1118/Mds/79 dt. 9th Jan., 1980 in the case of Shri S. Ayyadurai, for the asst. yr. 1974-75: (i) Whether, on the facts and in the circumstances of the case, the Appl. Tribunal was right in deleting the disallowance of Rs. 36,377 claimed as Sales-tax liability by the assessee for the asst. yr. 1974-75? (ii) Whether, the Appl. Tribunal's view that the Sales-tax liability subsisted at the .....

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..... nd that though the decision of the High Court at the time of assessment was in tax payer s favour, the matter was pending before the Supreme Court. Under these circumstances, this Tribunal was of the view that it will be incorrect to assume that the demand in existence as on the last day of the accounting year was not subsisting on that day. In view of the provisions of s. 41(2) which covers such .....

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..... ce this position is fairly established. We feel that any reference of this question will be highly academic. Apart from the same, the authorities is also subject matter of an appeal before the Supreme Court. The computation of income for income-tax purposes cannot go on ranging with the view that may be taken by the various judicial authorities is the hierarchy of ST Appl. jurisdiction. We are of .....

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