1983 (4) TMI 241

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.... steel castings. During the course of assessment for the year 1974-75 the assessees claimed a deduction of a turnover of Rs. 1,51,878.02 on the ground that the said turnover represented sales returns in relation to sales that took place in the previous years 1972-73 and 1973-74. The assessing authority disallowed the said claim on the ground that the claim in relation to those sales returns was be....

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....Tax Rules, 1959. The view taken by the Tribunal has been challenged by the assessees in this tax case.   Mr. Natarajan, the learned counsel for the assessees, contends that the Tribunal has not properly understood the scope of section 13(5), that section 13(5) deals with a different relief, other than the one contemplated under rule 5-A read with section 2(r) and that section 2(r) read wit....

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.... sales returns. It is therefore not possible to say that the Full Bench considered only the relief by way of deduction of the turnover arising under section 2(r) and not the relief by way of adjustment of tax arising under section 13(5). Whatever that be, the position here is that all the authorities below, including the Tribunal have held that the claim of the assessees cannot be sustained as it ....

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....ear in which the turnover of the relevant sales had been included. The learned counsel would say that the final assessment referred to in rule 5-B will refer only to the final assessment for the subsequent year and the claim in the present case having been made before the final assessment for the subsequent year, the claim must be taken to be in time. But we are of the view that the expression "fi....