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2003 (7) TMI 16 - KARNATAKA HIGH COURT"Whether the amount of 'kist' payable by the; assessee to the State Government can be allowed as a deduction even when this sum has not been actually paid by the assessee in view of the restriction imposed under section 43B?" - question raised in this appeal is covered by the earlier decision of this court in the case of CIT v. Sri Balaji and Co., against the appellants. In the said decision, the Division Bench of this court has taken the view that it is only the statutory liability which is in the nature of tax, duty, cess or fee, to which the provisions of section 43B of the Act are attracted. In the said decision it is held that the provisions of section 43B of the Act cannot be attracted in respect of the kist/rental amount payable to the Government by the assessee. – Thus, we are of the view that there is no merit in this appeal and the same is liable to be rejected as one devoid of any merit. Accordingly, it is rejected.
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