1997 (9) TMI 39

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....te Tribunal at the instance of the Revenue, has referred the following two questions for the opinion of this court : "1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that as and when the assessee effected the purchases of shoes from cobblers, the assessee's liability to pay the tax in respect of such purchases accrued ....

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....he State Government or is refunded to a party, it would qualify for deduction in the computation of the total taxable income in the year. On appeal, the Appellate Assistant Commissioner of Income-tax upheld the action of the Income-tax Officer taking the view that the said amount consisted of sales tax charged by the assessee from its customers but was not paid to the Government, because the asses....

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....ion of the Tribunal is in conformity with the view expressed by this court in CIT v. Poonam Chand Trilok Chand [1976] 105 ITR 618; CIT v. Brijmohan Das Laxman Das [1979] 117 ITR 121 (All). Learned counsel for the parties agree that the controversy in issue is now covered by a decision of the Supreme Court in Jonnalla Narashimharao and Co. v. CIT [1993] 200 ITR 588. The facts of that case were tha....