COMMISSIONER OF INCOME TAX Vs. INDIA CARBON LTD

JUDGEMENT

(1.) THIS appeal was admitted on the following question of law :

(2.) IN the following facts and circumstances of the case, admittedly, the asses -see collected Central sales tax of Rs. 1,11,62,787 and State sales tax of Rs. 5,648 during the assessment year 1989 -90. The amount was not deposited with the respective authorities till the date the return was submitted. The assessee has not claimed any deduction of the amounts of the Central sales tax and the State sales tax collected by him under Section 43B of the Income Tax Act, 1961.

(3.) ON the facts found, we are satisfied that Section 43B of the Income Tax Act is not attracted at all when the assessee has not claimed any deduction of the amounts collected by it as the Central sales tax and the State sales tax.