COMMISSIONER OF INCOME TAX Vs. ASSAM TRIBUNE

JUDGEMENT

(1.) THIS appeal filed by the CIT in our considered view, deserves dismissal in limine in view of the ratio of law laid down by a Division Bench of this Court in CIT vs. Bharat Bamboo & Timber Suppliers (1998) 146 CTR (Gau) 487 : (1996) 219 ITR 212 (Gau) : TC S19.2149.

(2.) IT has been held in Bharat Bamboo and Timber Supplierss' case (supra), that if the sales tax amount is paid after the close of the accounting year but before the due date for filing of the return of income, the assessee would be entitled to relief under Expln. 2 to S. 43B of the IT Act, 1961, as has been inserted by the Finance Act, 1989, with retrospective effect from 1st April, 1984. The contributions towards provident fund, etc., in the instant case have admittedly been paid before the filing of the return by the assessee. We are in respectful agreement with the view taken by this Court in Bharat Bamboo & Timber Suppliers' case (supra) and, therefore, find no merit in the appeal. No substantial question of law is involved. The appeal is thus dismissed in limine.