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2002 (7) TMI 20 - GUJARAT HIGH COURT"Whether the Appellate Tribunal is right in law and on facts in holding that the amount of Rs. 2,22,620 representing deferred sales tax, i.e., unpaid sales tax liability, did not attract the provisions of section 43B of the Income-tax Act, 1961 ?" - In this reference, the only dispute is about disallowance under section 43B for unpaid sum of Rs. 2,22,620 for sales tax. It is the stand of the assessee before the assessing authority that the State Government had allowed the assessee to return sales tax collected as a sort of incentive provided for the growth of industry. On this basis, it was contended by the assessee that its case was covered by the provisions contained in section 43B of the Income-tax Act. The Income-tax Officer has, however, rejected the assessee's claim. - We are, of the view that the Tribunal was right in deleting the addition made by the Income-tax Officer by invoking the provision of section 43B in respect of unpaid sales tax liability.
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