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1993 (2) TMI 2

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..... al Sales Tax Act, 1957- First question is answered in the affirmative, that is, in favour of the Revenue - second question is answered in the affirmative, that is, in favour of the assessee - - - - - Dated:- 17-2-1993 - B. P. JEEVAN REDDY. and N. VENKATACHALA. JUDGMENT These appeals are directed against the judgment of the Andhra Pradesh High Court answering the two questions referred t .....

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..... , sum of Rs. 16,709 out of the sum of the sum Rs. 18,210 for the assessment year 1967-68 and the sum of Rs. 50,692 for the assessment year 1968-69 are allowable as admissible deductions as sales tax payable by the assessee under the Andhra Pradesh General Sales Tax Act, 1957, as amended by Act 9 of 1970,for the assessment years 1967-68 and 1968-69 respectively? " The assessee is a commission age .....

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..... an admitted fact that the assessee did not remit the tax during the assessment year 1968-69. He did it later. The questions raised in these appeals are whether the collection of the said amount in the name of "rusum" constitutes his business receipt and secondly whether it is a deductible expenditure for the assessment year 1968-69 notwithstanding the fact that he did not actually remit the tax du .....

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..... hat is, in favour of the Revenue and against the assessee. But, so far as the second question is concerned, it is answered in the affirmative, that is, in favour of the assessee and against the Revenue. No other question is argued before us. Accordingly, the appeals are allowed in part. The answer given by the High Court on question No. 2 is set aside as indicated above. No costs. - - TaxTM .....

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