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TMI Blog2008 (8) TMI 141X X X X Extracts X X X X X X X X Extracts X X X X ..... cant. None appeared for the official liquidator. JUDGMENT The judgment of the court was delivered by K.A. PUJ J. - At the instance of the revenue, following question of law is referred to for the opinion of this Court for assessment years 1987-88 1988-89. "Whether the Appellate Tribunal is right in law and on facts in upholding the view taken by the Commissioner of Income-tax (Appeals) deleting the addition made under Section 43B of the Act when the assessee failed to produce any supporting evidence?" 2. The brief facts of the case are that while framing the assessments, for assessment years 1987-88 1988-89, the Assessing Officer found that the assessee collected sales tax but the same was not credited into the prof ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted 13.03.1990 with G.I.I.C. Ltd. has also been filed in support of the assessee's contention. It was contended before the Commissioner of Income-tax (Appeal) that these documents were not ready at the time of completion of the assessment and as such, they could not be filed before the Assessing Officer. After considering these documents, in light of the Circular No. 496 dated 25.09.1987, the Commissioner of Income-tax (Appeal) deleted the addition made by the Assessing Officer under Section 43B of the Act to the extent, the amount covered by the certificate and the agreement for deemed payment. 4. Being aggrieved by the said order, the revenue took up the matter before the Income-tax Appellate Tribunal, Ahmedabad and the Tribunal vide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax (Appeal) has allowed the claim of the assessee and deleted the additions made by the Assessing Officer under Section 43B of the Income-tax Act, 1961. 9. This very issue has come up before this Court earlier in the case of Commissioner of Income-tax v. Shree Talal Taluka Sahakari Khand Udyog Mandli Limited, (2003) 259 ITR 21 wherein this very Circular has been referred to and the Court held that in Circular No.496 dated 25.09.1987, the Board had made it clear that if the sales tax due to the Government is converted as a loan which may be repaid by the assessee subsequently by installments, the Department shall treat the sales tax dues as actually paid for all purposes. The Gujarat Government in that case passed a Resolution bear ..... X X X X Extracts X X X X X X X X Extracts X X X X
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