Kerala Court January 1991 Judgments

Commissioner of Income-tax Vs. P. Janardhanan Pillai

Court: Kerala

Reported in: [1991]189ITR165(Ker)

K.S. Paripoornan, J.1. At the instance of the Revenue, the Income-tax Appellate Tribunal (in short, 'the Tribunal') has referred the following question of law for the decision of this court :'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 by invoking the provisions of Section 43B of the Act could not be brought to tax in the assessment years under consideration ?'2. The respondent is an assessee to income-tax. We are concerned with the assessment year 1984-85. The short question that arises for consideration is whether the addition of Rs. 41,086 being the sales tax collection in the last month of the year payable to the Government before the 20th of the next month, is a permissible addition under Section 43B of the Act. The Tribunal answered the question in favour of the assessee and allowed t...