COMMISSIONER OF INCOME TAX Vs. DUNICHAND KISHAN LAL

JUDGEMENT

(1.) THE Tribunal, Jaipur Bench, Jaipur for the asst. yr. 1987-88 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 are similar to those in DB IT Ref. No. 9/92, 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 questions which were referred in DB IT Ref. No. 9/92. While answering the reference in DB IT Ref. No. 9/92 CIT vs. Achaldass Dhanraj (supra) 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 outstanding sales-tax liability is not disallowable under S. 43B of the Act if the same is paid within the time allowed under Sales-tax Act.