2000 (1) TMI 14

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.... the Income-tax Act, 1961, has stated a case and referred the following questions stated to be of law and to arise out of its order dated August 9, 1989, passed in I. T. A. No. 500 (All) of 1988 for the assessment year 1985-86 for the opinion of this court : "1. Whether the Tribunal was right in holding that the jurisdiction under section 263 was rightly and legally invoked by the Commissioner ....

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....aid the disputed amount of tax before filing the return in terms of proviso to section 43B. The proviso came into effect from April 1, 1988 and the question was whether it was retrospective in nature so as to apply to assessment year 1985-86. In the supplementary statement of the case, the Tribunal has stated that an amount of Rs. 3,21,172.23 was deposited by the assessee on April 30, 1984, i.e., ....