REGENT COMPUTRONICS PVT. LTD.

COMMISSIONER OF INCOME-TAX Appellant

V/S

ACHALDAS DHANRAJ AND SANKLECHA BROTHERS Respondents

Referred Judgements :-

R. V. DURSLEY [REFERRED TO]
ATTORNEY-GENERAL V. THEOBALD [REFERRED TO]
F.L. SMIDTH AND CO. V. GREENWOOD,8 DC 195 [REFERRED TO]
SEAFORD COURT ESTATES LTD V. ASHER [REFERRED TO]
CHOWRINGHEE SALES BUREAU PRIVATE LIMITED VS. COMMISSIONER OF INCOME TAX WEST BENGAL [REFERRED TO]
SINCLAIRE MURRAY AND COMPANY PRIVATE LIMITED VS. COMMISSIONER OF INCOME TAX CALCUTTA [REFERRED TO]
K P VARGHESE VS. INCOME TAX OFFICER ERNAKULAM [REFERRED TO]
S SUNDARAM PILLAI KOUSALAYA DEVT MURUGESA MUDALIAR N S DHANALAKSHMI AMMAL THAHIRA BEEVI M BALAKRISHNAN K R KRISHNAN VS. V R PATTABIRAMAN:P LAKSHMINARAYANA CHARYA:SELVARAJ CHETTIAR:B S RAMACHARI:R A MUTHIAH NADAR:FATHIMA BAI:P BHANUMATT [REFERRED TO]
GIRDHARI LAL AND SONS VS. BALBIR NATH MATHUR [REFERRED TO]
STATE OF TAMIL NADU VS. KODAIKANAL MOTOR UNION PRIVATE LIMITED [REFERRED TO]
A N SEHGAL VS. RAJE RAM SHEORAN [REFERRED TO]
COMMISSIONER OF WEALTH TAX MEERUT VS. SHARVAN KUMAR SWARUP AND SONS [REFERRED TO]
SANGHI MOTORS VS. UNION OF INDIA [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. CHANDULAL VENICHAND [REFERRED TO]
SRIKAKOLLU SUBBA RAO AND CO VS. UNION OF INDIA [REFERRED TO]
CHIEF COMMISSIONER OF INCOME TAX ADMN VS. SANJAY SALES SYNDICATE [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. PYARILAL KASAM MANJI AND COMPANY [REFERRED TO]
COMMISSIONER OF INCOME TAX VS. JAGANNATH STEEL CORPORATION [REFERRED TO]
COMMISSIONER OF INCOME-TAX VS. SARASWATI INDUSTRIAL SYNDICATE LTD [REFERRED TO]
JAMSHEDPUR MOTOR ACCESSORIES STORES VS. UNION OF INDIA [REFERRED TO]

JUDGEMENT

(1.) BOTH the matters are disposed of by this single order since the question of law involved is common.

(2.) IN D. B. INcome-tax Reference No. 9 of 1992, the following question of law has been referred by the INcome-tax Appellate Tribunal in respect of the assessment year 1987-88 under Section 256(1) of the INcome-tax Act, 1961 :

(3.) SECTION 43B was inserted by the Finance Act, 1983, and is applicable with effect from April 1, 1984, i.e., assessment year 1984-85. While interpreting the provisions of SECTION 43B, the Andhra Pradesh High Court in the case of Srikakollu Subba Rao v. Union of India [1988] 173 ITR 708 held that the provisions of SECTION 43B are not applicable to the market cess and the tax payable under the appropriate law after the close of the accounting year. In order to overcome this problem amendment was made by the Finance Act, 1988, by which the words "cess or fee, by whatever name called" were inserted in Clause (a) with effect from April 1, 1989. By the Finance Act, 1989, Explanation 2 was added retrospectively from April 1, 1984, which read as under :

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COMMISSIONER OF INCOME TAX Vs. ACHALDAS DHANRAJ

Referred Judgements :-

JUDGEMENT

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