TMI Blog2000 (1) TMI 14X X X X Extracts X X X X X X X X Extracts X X X X ..... ollowing questions stated to be of law and to arise out of its order dated August 9, 1989, passed in I. T. A. No. 500 (All) of 1988 for the assessment year 1985-86 for the opinion of this court : "1. Whether the Tribunal was right in holding that the jurisdiction under section 263 was rightly and legally invoked by the Commissioner of Income-tax ? 2. Whether, on the facts and in the circumstan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... proviso to section 43B. The proviso came into effect from April 1, 1988 and the question was whether it was retrospective in nature so as to apply to assessment year 1985-86. In the supplementary statement of the case, the Tribunal has stated that an amount of Rs. 3,21,172.23 was deposited by the assessee on April 30, 1984, i.e., before filing of the return while the amount in dispute was Rs. 3,2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only in respect of a sum of Rs. 1,690. We answer question No. 2 in the affirmative, i.e., against the assessee and in favour of the Commissioner. We answer question No. 3 in the negative holding that the amount of Rs. 3,21,172 which had been paid by the assessee before filing its return of income for the assessment year 1985-86 could not be disallowed under section 43B of the Income-tax Act, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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