9911796707
TMI Blog1970 (12) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... II, Calcutta. The assessment year concerned in this reference is 1956-57, the relevant previous year being 2011 Guzrati Dewali Sambat year corresponding to the period from 26th October, 1954, to 17th June, 1955. The assessee is Messrs. R. Shantilal and Company which was assessed in the status of an unregistered firm for the relevant assessment year, and which sold and transferred its business as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l 47,505 Out of the claim for deduction of the aforesaid sum the Income-tax Officer only allowed Rs. 253 for 2008 Sambat year and Rs. 1,250 for Sambat year 2009 actually paid during the accounting year and disallowed the claim for the balance and added back the sum of Rs. 46,001 to the assessee's total income. On further appeal, the Appellate Assistant Commissioner allowed a further sum of Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2009 had been received by the assessee on the 8th February, 1955, the Tribunal held that the entire amount of Rs. 47,505 must be allowed as legitimate business expenses against the profits of the assessee of the Sambat year 2011. On the application of the Commissioner the following question has been referred to this court by the Tribunal, viz. : " Whether, on the facts and in the circumstances ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are concerned, these are disputed liabilities for which no provision was made during the relevant accounting years and simply because the demand notices were received in the accounting year relevant to the assessment year concerned, it would not follow that the liability became an ascertained and undisputed liability in this year. There is nothing to show that the assessee accepted the liability ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... finding by any of the authorities below. In these circumstances, we are of the opinion that the Tribunal was justified in allowing the deduction of the amounts of sales tax for the Sambat years 2008 and 2009 for which the demand notices had been served on the assessee during the current account year. The question referred to this court must, therefore, be answered in the affirmative and in favour ..... X X X X Extracts X X X X X X X X Extracts X X X X
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