COMMISSIONER OF INCOME TAX Vs. LAKE CITY WINES

JUDGEMENT

(1.) THE Tribunal, Jaipur Bench, Jaipur for the asst. yr. 1986-87 referred the following question of law under S. 256(1) of the Act for the opinion of the High Court :

(2.) THE material facts on the basis of which the above question of law is to be decided is similar to those in DB IT Ref. No. 9 of 1992, CIT vs. Achaldass Dhanraj decided on 27th March, 1995 [reported at (1995) 128 CTR (Raj) 325]. The question referred for the opinion of the High Court is identical with the question which were referred in DB IT Ref. No. 9 of 1992. While answering the reference in DB IT Ref. No. 9 of 1992 this Court held that :

(3.) CONSEQUENTLY , the reference is answered in favour of the assessee and against the Revenue and it is held that the Tribunal was justified in holding that the unpaid Sales-tax liability is not disallowable under S. 43B of the IT Act, if the same is paid within the time allowed under Sales-tax Law.