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TMI Blog2011 (3) TMI 1645X X X X Extracts X X X X X X X X Extracts X X X X ..... : Mr. Dipak Som, Sr.Advocate with Md. Nizamuddin, Advocate ORDER THE COURT : All these three appeals are taken up for hearing analogously as the points involved therein are almost similar in nature. A Division Bench of this Court on the selfsame date, namely, 11th May, 2004 admitted all these three appeals and it appears that these three appeals were admitted on three formulate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment year 1996-97 under section 43B of the Income Tax Act, 1961 was justified in law on merits, and whether it could be said to be covered by section 154 of the Income Tax Act, 1961 . However, Point No.1 formulated in ITA No.267 of 2004 is to the following effect :- I. Whether on the facts and in the circumstances of the case and on a correct interpretation of section 43B of the Income T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te Tribunal, A Bench, Kolkata misdirected itself in law in confirming the disallowance of ₹ 4,09,016 in respect of the assessment year 1997-98. I. Whether on the facts and in the circumstances of the case and on a correct interpretation of section 43B of the Income Tax Act, 1961, the Income Tax Appellate Tribunal, A Bench, Kolkata misdirected itself in law in confirming the disal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the subsequent decision of the Supreme Court in the case of Commissioner of Income Tax vs. Alom Extrusions Ltd. reported in (2009) 318 ITR 306 (SC) whereby it has followed the earlier decision of that Court in the case of Allied Motors Pvt.Ltd.vs. CIT (1997) 224 ITR 677(SC) to the effect that the said amendment is retrospective in nature, the assessee should get the benefit of the amended provis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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