TMI Blog1993 (6) TMI 47X X X X Extracts X X X X X X X X Extracts X X X X ..... tax Appellate Tribunal has referred the following question of law for the decision of this court : "Whether, on the facts and in the circumstances of the case and also on an interpretation of section 43B of the Income-tax Act, 1961, (i) section 43B cannot be applied to the assessee's case ; (ii) the impugned amount cannot be brought to tax in the hands of the assessee for the assessment year u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 31/(Coch) of 1986 was an appeal filed by the Revenue against Mr. R. Ponnuranga Reddiar. The above appeals were considered by the Income-tax Appellate Tribunal together and a common order dated July 31, 1986, was passed. The Appellate Tribunal upheld the decision of the Commissioner of Income-tax (Appeals). It was held that section 43B of the Act will come into play only when the tax has accrued an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A. No. 20/(Coch) of 1986, that the Appellate Tribunal rendered the common order in I. T. A. No. 26/(Coch) of 1986, I. T. A. No. 26/(Coch) of 1986 and I. T. A. No. 31/(Coch) of 1986 dated July 31, 1986. In rendering the common judgment in Income-tax References Nos. 211 to 213 of 1987 (CIT v. Govindaraja Reddiar [1991] 187 ITR 417), by judgment dated September 17, 1990, a Bench of this court held t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the proper law applicable in these cases, for the assessment year 1984-85, since the later amendments, with retrospective effect, were not available at the time when the decision in the appeals was rendered. In all the circumstances of the case, we are of the view that section 43B of the Act, after the amendment by the Direct Tax Laws (Amendment) Act, 1987, the Finance Act, 1988, and the Financ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s Nos. 211 to 213 of 1987 (see [1991] 187 ITR 417). We are of the view that the reasoning and conclusion in Income-tax References Nos. 211 to 213 of 1987, contained in paragraphs 5 and 6 of the judgment, which we have extracted hereinabove, should apply in this case also. We decline to answer the question referred to this court but, at the same time, we direct the Income-tax Appellate Tribunal t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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