Commissioner of Income Tax and Another vs Distillers Co. Ltd.

R.V. Raveendran, J.—This appeal by the Revenue u/s 260A of the Income Tax Act 1961, is directed against the order of the Income Tax Appellate Tribunal, Bangalore Bench, dated March 28, 2002, in I T. A. No. 565/Bang of 1999 confirming the order dated July 7, 1999, passed by the Commissioner of Income Tax (Appeals), Bangalore, and seeking restoration of the order of the assessing authority.

The matter relates to the assessment year 1996-97. The question involved is whether the amount of "kist" payable by the assessee to the State Government can be allowed as a deduction even when the said sum has not been paid by the assessee in view of the restriction imposed u/s 43B of the Income Tax Act, 1961 ?

The matter is directly covered by the decision of the Division Bench of this court in Commissioner of Income Tax Vs. Sri Balaji and Co., D. Dasappa, Renukasri and Co., S.S.B. Gowdaiaha and Sons, Tirumal Traders, Sri Rajeshwari Enterprises, Anjanappa and Co. and P.K. Shankaranarayana and Co., . Following the said decision, this appeal is dismissed.