Commissioner of Income Tax vs Golecha Minerals (P) Ltd.

On an application filed u/s 256(1) of the Income Tax Act, 1961 (hereinafter referred to as ''the Act''), the Tribunal has referred the following question for our opinion :

"Whether, on the facts and in the circumstances of the case and in law the Tribunal was justified in deleting addition made u/s 43B notwithstanding the fact that the assessee did not make the payment of outstanding sales tax liability during the previous year relevant to the assessment year 1987-88 ?"

None appeared for the assessee. At the out-set the learned counsel for the revenue Mr. Singhi clearly admits that now the issue is covered by the decision of their Lordships in the case of Allied Motors (P.) Ltd. Vs. Commissioner of Income Tax, Delhi,

Considering the submission and following the view taken by their Lordships, we find no infirmity in the order of the Tribunal.

In the result, we answer the question in the affirmative, i.e., in favour of the assessee and against the revenue.

Reference so made stands disposed of accordingly.