2002 (8) TMI 11

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..... "Whether the Tribunal was correct in holding that the kist amount payable by the assessee to the State Government which has not been actually paid cannot be disallowed under section 43B of the Act in view of the judgment of this hon'ble court?" Sri M.V. Seshachala, learned standing counsel appearing for the appellants, fairly concedes that the issue raised in these appeals has been answered by a .....

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..... be a statutory liability but however any statutory liability does not come within the purview of section 43B. It is only that statutory liability which is in the nature of tax, duty, cess or fee to which the provisions of section 43B are attracted. Since the kist/rental could not be considered to be falling under either of the items, the provisions of section 43B cannot be attracted and as such w .....

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