2006 (9) TMI 153

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..... t of its order dated August 29, 1995, in respect of the assessment year 1987-88: "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in holding that the liability of Rs. 94,759 is allowable if the payment is made before the due date prescribed under section 139(1) and that the first proviso to section 43B has retrospective application t .....

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..... 4-85 onwards. The matter was remanded to the Assessing Officer to determine whether payments had been made before the due date as specified in the Explanation to section 36(1)(va) of the Act. We find that the matter is covered by the judgment of the hon'ble Supreme Court in Allied Motors P. Ltd. v. CIT [1997] 224 ITR 677, in favour of the assessee and against the Revenue. In the said judgment, a .....

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