2006 (10) TMI 201

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....he assessee is directed against the order of the CIT(A) dt. 10th April, 2003 which pertains to asst. yr. 1997-98. 2. The assessee filed its return of income for asst. yr. 1997-98 on 29th Oct., 1997. The assessment was completed on 30th March, 2000 on a total income of Rs. 11,99,136. The appeal was decided by the learned CIT(A) on 8th Sept., 2000 and after that total income remained at Rs. 9,92,....

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....hat it is to be allowed in asst. yr. 1997-98, was also not found favourable and hence the application was not allowed. 5. The assessee preferred an appeal against this order dt. 29th April, 2002, before the learned CIT(A), who also treated this claim of the assessee in the same manner as the learned AO did. 6. We have heard the rival submissions and perused the evidence on record. 7. The ....

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....wance of Rs. 3,40,491 was made in asst. yr. 1995-96, being the amount of unpaid sales-tax being hit by s. 43B. It is true that no such claim was made in this year. But, we do not agree that if the claim was eligible and could not be made, as it was made in another year, this claim cannot be allowed in the year in which it becomes allowable as per the provisions of s. 43B. 9. The deduction under....