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2011 (8) TMI 463 - HC - Income TaxSec.43-B of the Income Tax Act, 1961 - first proviso was inserted w.e.f. 1989, but it was curative in nature and has to be given retrospective effect - Department opposed the contention and submitted that the aforesaid proviso has been inserted by Finance Act, 1988 w.e.f. 1.4.1989, so it is prospective in nature - As in the case of Allied Motors (P.) Ltd [1997 (3) TMI 9 - SUPREME Court] - first proviso makes it clear that the section will not apply in relation to any sum which is actually paid by the assessee in the next accounting year, if it is paid on or before the due date for furnishing the return of income in respect of the previous year, in which the liability to pay such sum was incurred and the evidence of such payment is furnished by the assessee along with the return - held in the above case that that the aforesaid proviso was inserted to give effect to the provisions as contained in section 43B of the Act and was retrospective in nature - Thus held that Tribunal was not justified in sustaining the addition of sales tax liability, which was actually paid by the assessee within the statutory period - Decided in the favour of Petitioner
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