2001 (1) TMI 64

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....ion has been referred for the opinion of this court under section 256(1) of the Income-tax Act, 1961 (in short the "Act"), by the Income-tax Appellate Tribunal, Delhi Bench "C", New Delhi (in short the "Tribunal") : "Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the sum of Rs. 71,390 is allowable as sales tax liability in computing th....

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....tside Delhi. A copy of the order of assessment dated November 28, 1975, passed by the Sales Tax Officer was also filed. The said demand was disputed by the assessee before the Additional Commissioner of Sales Tax. The appeal was dismissed on June 30, 1976. The assessee filed further appeal before the Sales Tax Tribunal on July 27, 1976. A writ petition was also filed before the Supreme Court, whic....

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....ed for the reason that the assessment order of the Sales Tax Officer had been set aside by the Supreme Court. In further appeal before the Tribunal the assessee contended that it could claim deduction in the assessment year 1977-78 on the basis of the assessment order dated November 28, 1975. The Tribunal held that the assessee was entitled to claim deduction even if such liability had not been qu....