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1991 (6) TMI 22

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....NKAR BHAT J. -The question for our consideration referred under the provisions of the Income-tax Act, 1961, reads thus : "Whether, on the facts and in the circumstances of the case, while-computing the income on accrual basis on the mercantile method of accounting in accordance with section 145, sales tax which was an accrued liability, not payable within the accounting year, could be added back u....

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....refused to deduct this amount from the receipts of the assessee and thereby disallowed the claim of the assessee for deduction. Ultimately, the matter came up before the Appellate Tribunal. The Tribunal also upheld the deduction. Several reasons are given by the Appellate Tribunal ultimately holding that section 43B of the Income-tax Act, 1961, was not at all applicable to the facts of the case. H....

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....hereto introduced with effect from April 1, 1984, by the Finance Act, 1989. The effect of this Explanation is that every sum payable by an assessee if not paid during the relevant accounting year cannot be deducted under the main provision of section 43B even though the liability was incurred during the said accounting year. Whatever argument that may have been available to the assessee as to the ....

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....e amount was paid by the time the assessee files his returns for the relevant accounting period as stated in the proviso ; that is to say, even though the liability for payment arose earlier and the accounting year stood closed and the payment was made during the next accounting year, still the payment is traced back to the benefit of the earlier accounting year in case the assessee had made the p....