TMI Blog2016 (6) TMI 1027X X X X Extracts X X X X X X X X Extracts X X X X ..... 15-6-2016 - Girish Chandra Gupta And Asha Arora, JJ. FOR APPELLANT : MR.P.DUDHERIA,ADVOCATE FOR RESPONDENT : MR.ABHRATOSH MAJUMDER, MR.AVRA MAZUMDER,ADVOCATE ORDER The Court : The appeal is directed against a judgment and order dated 11th January, 2008 passed by the learned Income Tax Appellate Tribunal, D Bench, Kolkata in ITA No.368 (Kol) of 2006 and ITA No.661 (Kol) of 2006 both pertaining to the assessment year 2002- 03. The former appeal was an appeal of the assessee and the latter appeal was of the revenue. The appeal of the revenue was restricted to deletion of an order disallowing a sum of ₹ 1,37,03,258/- on account of payment of luxury tax. The assessing officer had disallowed the expenditure on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee has furnished evidence and explained the case with its audited books of accounts etc. As per Sec.43B, deduction for liability of any tax is allowable on payment basis. There is no dispute that during the accounting year under consideration, the assessee made payment of ₹ 9,95,280/- + ₹ 88,07,978/-. Another sum of ₹ 39,00,000/- was paid before due date for filing of return. The entire sum, i.e. ₹ 1,37,03,258/- was allowable as per Section 43B. In this view of the matter, we find no reason to interfere with the order of the C.I.T.(A) in deleting the addition made by the A.O. purely on presumption and without any positive evidence on record. The ground of the Revenue, therefore, fails. It is against this ord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The disallowance was made by the assessing officer on two grounds:- (a) presumption as indicated above, and (b) that liability related to earlier years. Both the CIT(A) and the learned Tribunal were of the opinion that payment of tax made in the relevant assessment year or before the filing of return for the relevant assessment year was deductible under section 43B irrespective of the year in which the liability might have been incurred. Correctness of the aforesaid view has not been questioned in this appeal. We, as such, find no merit in the appeal, which is, accordingly, dismissed. The question formulated at the time of admission of the appeal is answered in the negative and against the revenue. - - TaxTMI - TMITax - I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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