Court : Kerala
Reported in : [1991]187ITR417(Ker)
K.S. Paripoornan, J. 1. At the instance of the Revenue, the following common question of law has been referred by the Income-tax Appellate Tribunal for the decision of this court in the above three connected cases :'Whether, on the facts and in the circumstances of the case, the amount of unpaid tax collected in the last month of the previous year under consideration which was not claimed as a deduction while computing the income under the Income-tax Act is taxable by invoking the provisions of Section 43B of the Income-tax Act, 1961 ?'2. The assessees in the three cases are different firms. But, all the cases relate to the assessment year 1984-85. The accounting period, in the case of the assessee which is the subject-matter of Income-tax Reference No. 211 of 1987, is 1158 M. E. But, in the case of the other two assessees, the accounting period ended by March 31, 1984. The assessment year in all the three cases is 1984-85. All the assessees had collected amounts by way of sales tax du...
Tag this Judgment!Court : Kerala
Reported in : [1991]189ITR458(Ker)
K.S. Paripoornan, J.1. At the instance of the Revenue, the Income-tax Appellate Tribunal has referred the following three questions of law for the decision of this court:'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting the addition of an amount of Rs. 3,14,377 being ex gratia payment made in excess of the statutory limit of 20% bonus and in violation of Section 36(1)(ii) ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in allowing a deduction of Rs. 375 out of Rs. 1,025 for the assessment year 1977-78 ? 3. Whether, on the facts and in the circumstances of the case, and also in view of the facts averred in ground No. 3 in the appeal memo before the Income-tax Appellate Tribunal, the Tribunal was correct in holding that the claim for an amount of Rs. 7,725 if at all admissible relates to the accounting year ending December 31, 1977, relevant for the assessment year 1978-79?' 2. The respondent...
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