SIMLA AUTOMOBILES Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) BY this petition under S. 256(2) of the INCOME TAX ACT, 1961 (hereinafter referred to as "the Act"), the assessee seeks to call for a reference on the following question, stated to be a question of law, relevant for the asst. year 1984 -85:

(2.) WE have heard learned counsel for the parties and have also gone through the impugned order passed by the Tribunal. The question proposed by the assessee appears to rest upon the issue as to whether the assessee is entitled to claim deduction of Rs. 2,15,453, representing sales -tax collected by the assessee for the last quarter payable by 30th April, 1984, the accounting period being 31st March and the assessee being liable to make payment within one month after the close of each year under the provisions of the Himachal Pradesh Sales -tax Act. The said amount stood duly paid on 27th March, 1984.

(3.) IT is brought to our notice that on a special leave petition filed by an assessee against a judgment passed by this Court relying on Escorts Ltd.'s case (supra), the Supreme Court has granted special leave to appeal [(1991) 191 ITR (St) 3]. On the other hand, on the special leave petition filed by the Revenue against the judgment of the Patna High Court in the case of Jamshedpur Motor Accessories Stores' case (supra), the Supreme Court dismissed the said petition [(1991) 191 ITR (St) 8].