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2005 (6) TMI 36 - HC - Income Tax"1. Whether, Tribunal was right in law in holding that the amount of leave salary paid to the retiring employees did not constitute salary as defined in Explanation 2 to section 40A(5) for the purpose of limiting the expenditure under that section? 2. Whether Tribunal was right in law in holding that the amount of statutory liability of sales tax, ESI contribution, P.F. contribution, etc., paid after the close of the previous year but before the due date for filing of return of income under section 139(1) was an allowable deduction in the AY 1984-85 when the proviso to section 43B was inserted w.e.f. 1st April, 1988?" - Question No. 1 is answered in the negative, i.e., in favour of the Revenue and against the assessee. Question No. 2 is accordingly answered in the affirmative, i.e., in favour of the assessee and against the Revenue.
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