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TMI Blog1998 (2) TMI 46X X X X Extracts X X X X X X X X Extracts X X X X ..... llowing questions of law have been referred to us at the instance of the Revenue. They relate to the assessment year 1973-74 : "Whether, on the facts and in the circumstances of the case, the Appellate Tribunal's view that the payments of additional sales tax relating to the earlier years should be allowed as a deduction for the assessment year 1973-74 is sustainable in law ? Whether, on the f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee, in the light of the decisions of the Supreme Court in the case of Kedarnath Jute Manufacturing Co. Ltd. v. CIT [1971] 82 ITR 363 and in the case of CIT v. Kalinga Tubes Ltd. [1996] 218 ITR 164. It is sufficient to advert to the recent decision of the apex court in the case of Kalinga Tubes Ltd. [1996] 218 ITR 164, wherein the court observed, that the earlier decision in the case of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he years 1963-64 to 1968-69. This is also not a case where the assessee had made any payment towards that liability during the assessment year. The assessee, therefore, was clearly disentitled to claim the amount for which it had made a provision in its accounts towards its liability for sales tax. The case of the assessee was that though the assessee had succeeded before the Appellate Tribunal, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ench of this court in the case of CIT v. V Krishnan [1980] 121 ITR 859. Counsel for the assessee further submitted that this court in the case of V. Krishnan [1980] 121 ITR 859 (Mad) had not noticed another decision of the Division Bench of this court, wherein it had been held that the receipt of the demand in an assessment year constitutes a valid basis in law for making a provision in the acco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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