2008 (1) TMI 1001

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....RABLE MR.JUSTICE D.A.MEHTA) 1. The Income-tax Appellate Tribunal, Ahmedabad Bench "B" has referred the following question under Section 256 (1) of the Income-tax Act, 1961 ("the Act") at the instance of Revenue : "Whether, the Appellate Tribunal is right in law and on facts in holding that in respect of unpaid royalty to Government the provisions of Section 43B are not attracted?" 2. The Asse....

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....at the issue now stands concluded against Revenue by virtue of Judgment of the Apex Court in the case of STATE OF WEST BENGAL & ANR. V/s. KESORAM INDUSTRIES LTD. & OTHERS, reported in (2004) 266 ITR 721, with special reference to the observations from Page No.762 onwards. 4. Once the Apex Court has categorically recorded that the Royalty is not a tax the provision of Section 43-B of the Act canno....