2003 (12) TMI 13

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..... cess and fees as well for the assessment year 1985-86 when that amendment was not on the statute book. The Tribunal having rejected that contention, the Revenue is in appeal. - Tribunal, in our view, was right in holding that the Revenue cannot be allowed to take advantage of the amended provision in order to increase the burden of the assessee for a prior assessment year by denying to him the be .....

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..... ear 1985-86 when that amendment was not on the statute book. The Tribunal having rejected that contention, the Revenue is in appeal. Prior to an amendment the relevant part of the section referred to, "any sum payable by the assessee by way of tax or duty under any law for the time being in force". After the amendment that provision reads: "43B(a). any sum payable by the assessee by way of tax .....

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..... g that the Revenue cannot be allowed to take advantage of the amended provision in order to increase the burden of the assessee for a prior assessment year by denying to him the benefit which had been given by the Assessing Officer, who had rightly regarded the assessee as being entitled to receive a deduction for the amount of royalty on the basis of the fact that such liability had accrued, the .....

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