TMI Blog2001 (1) TMI 40X X X X Extracts X X X X X X X X Extracts X X X X ..... ome-tax Act, 1961 (in short "the Act"), the Income-tax Appellate Tribunal, Delhi Bench-B ("the Tribunal", in short), has referred the following question for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the learned Tribunal is correct in law in holding that the sum of Rs. 45,547 is allowable as sales tax liability in the assessment year 1978-79. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... -75 and 1973-74 and raised a demand of Rs. 45,547 which was provided for and debited in the profit and loss account for the assessment year in question. The Income-tax Officer disallowed the claim. In appeal before the Commissioner of Income-tax (Appeals), ("the CIT(A)", in short) the order of the Assessing Officer was reversed. The Revenue carried the matter in further appeal before the Tribunal. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court was passed in October, 1974, therefore, the liability cannot said to have been accrued during the assessment year in question. We find that though the High Court passed the order in October, 1974, the Sales Tax Officer completed the assessment during the assessment year in question. Liability on the basis of the assessment order was daily reflected in the accounts and claimed as deduction ..... X X X X Extracts X X X X X X X X Extracts X X X X
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