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TMI Blog1995 (12) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... A J. --- By this petition under section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as " the Act "), the assessee seeks to call for a reference on the following question, stated to be a question of law, relevant for the assessment year 1984-85 : " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was right in law in setting aside the ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d amount stood duly paid on March 27, 1984. The Income-tax Officer disallowed the aforesaid deduction claimed by the assessee on the ground that the said amount, although shown as payable was not actually paid during the relevant previous vear. On appeal being preferred by the assessee, the Commissioner of Income-tax (Appeals) held that the assessee was entitled to such deduction and that the Inc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... provided was that deduction of sales tax would be allowed when the money was actually paid and not when the liability was incurred. On the other hand, in Jamshedpur Motor Accessories' case [1991] 189 ITR 70, the Patna High Court held that the provisions of section 43B of the Act were applicable even though payment was not actually made, which interpretation favours the assessee in the present cas ..... X X X X Extracts X X X X X X X X Extracts X X X X
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