1996 (5) TMI 22

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the Department, the Tribunal has stated the case and referred the undernoted question of law arising out of the order dated April 26, 1993, passed by it in Income-tax Application No. 1069/Ind. of 1988, under section 256(1) of the Income-tax Act, 1961 (for short " the Act "), for our consideration and opinion. " Whether, on the facts and in the circumstances of the case, the Income-tax Appellate....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ate Tribunal was justified in holding that no interest under sections 139(8) and 217 can be charged or enhanced in the assessment made under section 143(3) read with section 147 ?" Briefly stated, the facts of the case are that the Assessing Officer had made the disallowances of Rs. 1,49,389 by invoking the provisions of section 43B of the Act. This amount had represented the unpaid sales tax a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....id shall be allowed as a deduction and in case any part of it has already been allowed as a deduction in the succeeding assessment year 1985-86 on the basis of actual payment, the same shall be withdrawn. In this connection, reference may be made to our order dated May 8, 1991, in ITA No. 1151/Ind. of 1988 in the case of Mantri Bros v. ITO." The Tribunal, therefore, stated the case and referred....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....418 of 1992 (CIT v. Mehta Shantilal) and the connected miscellaneous civil cases govern the fate of the present miscellaneous civil case also. This court in the aforesaid cases has held that the amended provisions of section 43B of the Act are retrospective in operation from the date when section 43B was introduced, i.e., from April 1, 1984. The point projected in the miscellaneous civil case, ....