COMMISSIONER OF INCOME TAX Vs. RODAJI DEEP CHAND

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 questions of law are 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 question 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 unpaid sales-tax liability, if paid within time allowed under Sales-tax Act although after the end of previous year of assessee, should not be disallowed by invoking the provisions of S. 43B of the IT Act, 1961.