Commissioner of Income Tax vs Assam Tribune

N.C. Jain, C.J.—This appeal filed by the Commissioner of Income Tax in our considered view, deserves dismissal in limine in view of the ratio of law laid down by a Division Bench of this court in Commissioner of Income Tax Vs. Bharat Bamboo and Timber Suppliers,

It has been held in Commissioner of Income Tax Vs. Bharat Bamboo and Timber Suppliers, that if the sales tax amount is paid after the close of the accounting year but before the due date for filing of the return of income, the assessee would be entitled to relief under Explanation 2 to Section 43B of the Income Tax Act, 1961, as has been inserted by the Finance Act, 1989, with retrospective effect from April 1, 1984. The contributions towards provident fund, etc., in the instant case have admittedly been paid before the filing of the return by the assessee. We are in respectful agreement with the view taken by this court in Commissioner of Income Tax Vs. Bharat Bamboo and Timber Suppliers, and, therefore, find no merit in the appeal. No substantial question of law is involved.

The appeal is thus dismissed in limine.