2010 (12) TMI 370

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.....   AJAY KUMAR MITTAL, J.   1. This Court vide order dated 5.8.2008 while admitting the appeal had framed the following substantial questions of law for determination:-   "Whether on the facts and in the circumstances of the case, the omission of second proviso to Section 43B of the Income Tax Act, 1961 by the Finance Act, 2003 with effect from 1.4.2004, will have retrospective ope .....

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..... an appeal and the Commissioner of Income Tax (Appeals) upheld the order of the Assessing Officer. On further appeal by the assessee, the Tribunal dismissed the appeal. Hence, the present appeal by the assessee. 3. We have heard learned counsel for the parties.   4. The point for consideration in this appeal is whether the omission of second proviso to Section 43B of the Income Tax Act, 196 .....

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