TMI Blog2002 (2) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... date applicable for furnishing of return of income under section 139(1) of the Income-tax Act, 1961?" - We answer the question in the negative, as that the Tribunal is right in law in setting aside the order of the Assessing Officer with the direction to the Assessing Officer not to disallow the amount under section 43B of the Act, i.e., in favour of the assessee and against the Revenue. - - - - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... relevant assessment years, which were not deposited during the accounting year in question and, therefore, the claim of deduction of sales tax paid after the accounting year though during the grace period has been disallowed by the Assessing Officer. In appeal before the Commissioner of Income-tax (Appeals), the Commissioner of Income-tax (Appeals) has allowed the appeal holding that if the sales ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sri Jagannath Steel Corporation [1991] 191 ITR 676, has taken a similar view holding that the statutory liability for sales tax actually discharged after the expiry of the accounting year in compliance with the relevant statute is entitled to deduction under section 43B. The High Court has held the amendment to be clarificatory and, therefore, retrospective. The Gujarat High Court in the above cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed.' In fact the amendment would not serve its object in such a situation, unless it is construed as retrospective. The view, therefore, taken by the Delhi High Court cannot be sustained." Following the view taken by their Lordships in the case of Allied Motors (P.) Ltd. v. CIT [1997] 224 ITR 677 (SC), we find no infirmity in the order of the Tribunal. In the result, we answer the question in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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