2002 (2) TMI 14

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....unal has referred the following question: "Whether, on the facts and in the circumstances of these cases, the Appellate Tribunal erred in law in setting aside the matters to the Assessing Officer with the directions that no disallowances were to be made under section 43B of the Income-tax Act, 1961, of Rs. 6,570/ Rs. 5,303/Rs. 24,672/Rs. 13,459 if such payments had been made on or before the du....

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....(Appeals) has been upheld by the Tribunal. This issue has now been concluded by the hon'ble Supreme Court in the case of Allied Motors Pvt. Ltd. v. CIT [1997] 224 ITR 677. At pages 686 and 687, their Lordships observed as under: "This view has been accepted by a number of High Courts. In the case of CIT v. Chandulal Venichand [1994] 209 ITR 7, the Gujarat High Court has held that the first p....

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....to be explanatory in the case of Jamshedpur Motor Accessories Stores v. Union of India [1991] 189 ITR 70. It has held the amendment inserting first proviso to be retrospective. The special leave petition from this decision of the Patna High Court was dismissed. The view of the Delhi High Court, therefore, that the first proviso to section 43B will be available only prospectively does not appear to....