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TMI Blog2011 (4) TMI 1185X X X X Extracts X X X X X X X X Extracts X X X X ..... ar of the assessee- In other words where the liability became due for payment on a date beyond the accounting year of the assessee, the provisions of section 43B of the IT Act would not apply - Decided in favour of assessee. - 125 OF 1996 - - - Dated:- 29-4-2011 - SANJAY KISHAN KAUL AND RAJIV SHAKDHER, JJ. Sanjeev Sabharwal for the Respondent. JUDGMENT Sanjay Kishan Kaul, J. This is a reference made at the behest of the assessee. The reference pertains to assessment year 1984-85. By an order dated 2-7-2009 passed by the Income-tax Appellate Tribunal (hereinafter referred to as 'the Tribunal'), we have been asked to adjudicate upon the following question of law :- "Whether on the facts and in the circumstances of the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee. It may be noted that there is no representation on behalf of the assessee. The revenue has been represented by Mr. Sanjeev Sabharwal. Before we proceed further it may be useful to extract the relevant provisions of section 43B as they stood in the assessment year in issue. "Section 43B: Notwithstanding anything contained in any other provisions of this Act, a deduction otherwise allowable under this Act in respect of: (a) in the sum payable by way of tax or duty under any law for the time being in force; or (b) any sum payable by the assessee as employer by way of contribution to any provident fund or superannuation fund or gratuity fund or any other fund for the welfare of the employees. Explanation. For the removal of doub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sales tax and credited the same to the account titled as "sales tax payable account". As per the provisions of the Sales Tax Act the appellant could pay the sales tax collected to the concerned authorities within one month of the close of each quarter. Consequently, sales tax collected for the quarter January - March 1984, was payable by 30-4-1984. The sales tax amount was paid by the assessee on 27-4-1984. The argument of the assessee was that the expression 'sum payable' (by way of tax) would be attracted to only that situation where both the liability accrued and became due for payment in the accounting year of the assessee. In other words where the liability became due for payment on a date beyond the accounting year of the assessee, t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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