SIMLA AUTOMOBILES Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) This is a reference made at the behest of the Assessee. The reference pertains to assessment year 1984-85. By an order dated 02.07.2009 passed by the Income Tax Appellate Tribunal (hereinafter referred to as 'the Tribunal'), we have been asked to adjudicate upon the following question of law:

(2.) The reference arises in the background on the following short facts: The Assessing Officer by order dated 01.03.1988 had disallowed the sales tax paid by the Assessee amounting to Rs. 2,15,453/- after the end of the previous year but before the due date (i.e., 30.04.1984) stipulated under the Himachal Pradesh Sales Tax Act, 1968 (in short, Sales Tax Act). The said disallowance was made by the Assessing Officer by invoking the provisions of Section 43B of the Income Tax Act, 1961 (in short 'I.T. Act').

(3.) Being aggrieved the captioned reference has been preferred by the Assessee. It may be noted that there is no representation on behalf of the Assessee. The revenue has been represented by Mr Sanjeev Sabharwal. Before we proceed further it may be useful to extract the relevant provisions of Section 43B as they stood in the assessment year in issue.