2002 (8) TMI 11

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..... . B. MAJAGE. JUDGMENT The judgment of the court was delivered by G.C. Bharuka J.-The question of law raised in the present appeal is: "Whether the Tribunal was correct in holding that the kist amount payable by the assessee to the State Government which has not been actually paid cannot be disallowed under section 43B of the Act in view of the judgment of this hon'ble court?" Sri M.V. S .....

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..... nnot be stretched to include certain sums which are not in the nature of payment mentioned by the Legislature. Payment of lease money/rental may be a statutory liability but however any statutory liability does not come within the purview of section 43B. It is only that statutory liability which is in the nature of tax, duty, cess or fee to which the provisions of section 43B are attracted. Since .....

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