9911796707
TMI Blog1996 (9) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... ch was payable only after the end of the accounting year was nevertheless to be disallowed ? 2. Whether, in view of divergent views on amendments to section 43B of the Income-tax Act, the question whether the sales tax liability of Rs. 3,08,424 which was payable only after the end of the year was an admissible deduction is one which is debatable and if so whether the Tribunal was justified in rectifying the appellate order ? " As far as question No. 1 is concerned in I. T. R. Nos. 141 and 142 of 1987, by the judgment dated June 10, 1996 (see (1997] 227 ITR 582), this court (of which one of us---myself dictated the judgment) had an occasion to consider the question of applicability of section 43B of the Income-tax Act, 1961, with regard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... situation of the amended provision. In the process of reasoning we have also referred to the decision of this court in CIT v. Govindaraja Reddiar [1991] 187 ITR 417, deciding the situation in the same manner, in regard to the phrase " any sum payable ". In view of the above position more than settled, the question needs no further discussion. The other question reproduced above relates to the Miscellaneous Petition No. 2 of 1991 taken up by the Revenue for consequential rectification on the basis of the above statutory consequences. The Revenue submitted, as would be found from the order of the Tribunal dated March 14, 1991, that as a result of the retrospective amendment of section 43B by the Finance Act, 1989, there is a mistake of law ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not only by the judgment in Income-tax References Nos. 141 and 142 of 1987 (CIT v. Kunjumytheen Kunju (A.) [1997] 227 ITR 582), but also by the earlier judgment of this court referred to therein --- CIT v. Govindaraja Reddiar [1991] 187 ITR 417), it cannot be said that the issue has any element of debate in view of the judgment of the jurisdictional High Court as far as the Tribunal is concerned. In fact it cannot be said that the Tribunal was not justified in rectifying the appellate order. For the above reasons, we answer both the questions in the affirmative, in favour of the Revenue and against the assessee. A copy of the judgment under the seal of this court and the signature of the Registrar shall be forwarded to the Income-tax Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X
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