COMMISSIONER OF INCOME TAX Vs. PALIWAL GLASS WORKS

JUDGEMENT

(1.) THE following two questions of law have been referred by the Tribunal, Delhi Bench "E", New Delhi, for the opinion of this Court relevant to the asst. yr. 1985 -86 :

(2.) WITH regard to question No. 1 the facts in brief are as follows :

(3.) THE claim of the assessee of sales -tax was disallowed under s. 43B for the asst. yr. 1985 -86. The assessee claimed deduction of Rs. 1,74,400 on account of sales -tax payable which was due for payment and was paid within the due date which due date fell subsequent to the close of the accounting period. The AO disallowed the deduction in view of s. 43B of the IT Act. It is not in dispute that the assessee paid the sales -tax dues within the due date under the Sales -tax Act.