1987 (6) TMI 15

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... -tax Appellate Tribunal for the decision of this court : " 1. Whether, on the facts and in the circumstances of the case, the assessee is entitled to claim deduction of the tax, admittedly payable for previous years but not paid, in the accounting year in which it is paid ? 2. Whether, on the facts and in the circumstances of the case and in the absence of a finding that the Department had in .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... . It was upheld by the Appellate Assistant Commissioner. But, in second appeal, the Appellate Tribunal held that the assessee's claim should be allowed. Thereafter, the Revenue filed an application under section 256(1) of the Income-tax Act for referring certain questions of law for the decision of this court. It was rejected. The Appellate Tribunal was directed by this court to refer the above tw .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ourt, we are satisfied that the plea of the Revenue should succeed. On that basis, we answer the first question in the negative, against the assessee and in favour of the Revenue. In the light of our answer to question No. 1, no decision is called for on question No. 2. A copy of this judgment under the seal of this court and the signature of the Registrar shall be sent to the Income-tax Appel .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X