COMMISSIONER OF INCOME TAX Vs. KAMAL & CO.

JUDGEMENT

(1.) ON an application filed under Sec. 256(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), the Tribunal has referred the following question for our opinion :

(2.) AT the outset, the learned counsel for the assessee submits that now the issue is covered by the decision of the Hon'ble Apex Court in the case of Allied Motors (P) Ltd. v/s. : [1997]224ITR677(SC) .

(3.) THE learned counsel for the revenue, Mr. Singhi, has not controverted this fact that sales tax liability, which was due to be paid as required under the sales tax provision, has been paid though beyond period of previous year.