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2003 (12) TMI 13 - HC - Income TaxAmendment in section 43B - Revenue contends that notwithstanding the absence of the words "cess or fee" in section 43B(a), prior to its amendment, which amendment was w.e.f. April 1, 1989, the section should be regarded as being applicable in respect of payment of cess and fees as well for the assessment year 1985-86 when that amendment was not on the statute book. The Tribunal having rejected that contention, the Revenue is in appeal. - Tribunal, in our view, was right in holding that the Revenue cannot be allowed to take advantage of the amended provision in order to increase the burden of the assessee for a prior assessment year by denying to him the benefit which had been given by the Assessing Officer, who had rightly regarded the assessee as being entitled to receive a deduction for the amount of royalty on the basis of the fact that such liability had accrued, the assessee having followed the mercantile system of accounting – Revenue’s appeal is dismissed
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