2018 (2) TMI 1959

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....ocate ORAL JUDGMENT (Per R. K. DESHPANDE, J .) This appeal was admitted on 16th July, 2007, on the following substantial questions of law: (I) Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was legally justified in confirming disallowance made by Assessing Officer at Rs. 2,31,71,040/as prior period expenses and also not accepting the alternate p....

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...., learned counsel appearing for the appellant submits that the substantial questions of law at Sr. Nos. 2 and 3 are covered against the assessee in ITL NO. 100/2004 decided by this Court on 08.09.2017. In view of this, the substantial questions of law at Sr. No. 2 and 3 do not survive. 3. So far as the substantial question of law at Sr. No.1 is concerned, the Assessee claims expenses of Rs. 2,31....

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....e previous year in which actually paid prior to 1998-1999. 5. We put a specific question to Shri Bhattad to point out any decision holding that if the statutory expenses covered by Section 43(B) are not actually paid during the year in which those are required to be paid then even if such expenses are actually paid in the subsequent year, the deduction cannot be claimed. No such decision is brou....