COMMISSIONER OF INCOME TAX Vs. RADIO CENTRE

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 IT 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 was referred in DB IT Ref. No. 9 of 1992. While answering the reference in DB IT Ref. No. 9 of 1992 [CIT vs. Achaldass Dhanraj (supra)] this Court held as under :

(3.) CONSEQUENTLY , the reference is answered in favour of the assessee and against the Revenue and it is held that the unpaid sales-tax is not disallowable under S. 43B of the Act if paid within the time allowed under the sales-tax Act and/or if the same is paid within the time allowed to file the return of income stipulated under S. 139(1) in view of the amendment to S. 43B of the Act.