TMI Blog2000 (2) TMI 33X X X X Extracts X X X X X X X X Extracts X X X X ..... d the following question of law arising out of its order dated February 23, 1998, in respect of the assessment year 1987-88 : "Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right in law in holding that 'kist' is neither 'duty nor tax' and therefore, will not come within the purview of the provisions of section 43B of the Income-tax Act, 1961 ?" ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y amount payable by whatever name called. He referred to the provisions of section 24 of the Karnataka Excise Act, 1965, which states that the sum accepted in consideration of any grant or lease relating to any excisable article under section 17 shall be excise duty. He further noted that the arrears of kist amount can be recovered as if it is arrears of land revenue. He accordingly concluded that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "), considered the issue in para. 3 of his order and noted the submission of the assessee that kist is not excise duty so as to attract the provisions of section 43B of the Act. The Commissioner of Income-tax (Appeals) noted that the issue had been considered in detail by the Tribunal, Cochin Bench, as well as the Tribunal, Bangalore Bench, and more recently in the case of M. B. Devegowda, Excise ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his court in ITRC No. 5 of 1996-CIT v. D. Dasappa [2000] 246 ITR 750, disposed of on January 5. 2000. Following the same, we are of the view that the Tribunal was right in law in holding that "kist" is neither "duty nor tax" and, therefore, will not come within the purview of the provisions of section 43B of the Income-tax Act, 1961. The reference is accordingly answered in favour of the assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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