9911796707
TMI Blog1977 (12) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... business in cloth at Bareilly. Up to the assessment year 1960-61, the assessment was completed in the status of the Hindu undivided family, which consisted of seven members, including its karta, Banwari Lal. On 31st March, 1960, there was a partial partition in regard to the family business which was taken over by three members only, namely, Banwari Lal, karta, Madan Mohan and Ghanshyam. A partne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sales tax liability for all these years was computed at Rs. 1,23,518. The partnership firm went up in appeal. The appellate authority reduced the amount of tax by Rs. 39,110. Thereafter, the firm prayed for and was granted instalments to pay the amount of sales tax. An amount of Rs. 36,714 was paid by the firm in the financial year 1961-62, relevant to the assessment year 1962-63. Since there was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies of the Hindu undivided family, and, therefore, it also took over the liability to pay the sales tax. The Bench observed : "The liability for sales tax was quantified when the order was passed in appeal as a result of which the assessee made payment of Rs. 36,714 in the financial year in question." The crux of the finding was that the quantification, which was ultimately done by the order in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r evident that this quantification related to all the assessment years 1954-55 to 1957-58. It is no one's case that the quantification which was finalised then was subsequently re-finalised in the financial year relevant to the assessment year now in question, namely, 1963-64. Even if the view of law expressed by the Division Bench be taken as correct, it is inapplicable to the present reference, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ? " The sum of Rs. 21,704 was one of the instalments that was paid by the assessee during the financial year relevant to the assessment year 1963-64. In view of the above discussion it is evident that the quantification of the liability of sales tax was made much earlier, and not in the financial year relevant to the assessment year 1963-64. Hence, it was not an allowable deduction. The Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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