COMMISSIONER OF INCOME TAX vs. NATWARLAL ISHWARLAL AND CO

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ITR/96/1994HC GujaratGJHC24020174199413 April 1998Author: HONOURABLE MR. JUSTICE R.K.ABICHANDANI,HONOURABLE MR. JUSTICE KUNDAN SINGH2 pages
AI SummaryAllowed

What did the High Court hold?

The High Court held that the question referred to it was concluded by the decision of the Hon'ble Supreme Court in Allied Motors (P) Limited vs. C.I.T., reported in 224 ITR 677. The Supreme Court had approved the view expressed by the Gujarat High Court in C.I.T vs. Chandulal Venechand, reported in 209 ITR 7. In Chandulal Venechand's case, the High Court had interpreted Section 43B, including its proviso, to mean that such liability would be allowable as a deduction if it was discharged by actual payment before the due date for furnishing the return of income under Section 139(1) for the relevant previous year in which the liability was incurred. Therefore, the High Court answered the referred question in the affirmative, in favour of the assessee and against the Revenue. The reference was disposed of accordingly.

What were the facts?

The Commissioner of Income Tax (Revenue) referred a question of law to the High Court of Gujarat at Ahmedabad under Section 256(1) of the Income Tax Act, 1961. The reference arose from an order of the Income Tax Appellate Tribunal (ITAT), Ahmedabad. The specific issue concerned the applicability of Section 43B of the Income Tax Act, which deals with deductions for certain expenses only upon actual payment. The dispute revolved around whether unpaid sales tax liability pertaining to the last quarter of a financial year, if paid within the time stipulated for filing the return under Section 139(1), would be allowed as a deduction.

What were the issues?

1. Whether, as a matter of law and fact, the Appellate Tribunal was correct in holding that if the unpaid sales tax liability pertaining to the last quarter is paid within the time stipulated for filing of return under Section 139(1), the provisions of Section 43B cannot be made applicable? Assessee's Contention: The judgment does not record specific contentions made by the assessee. However, the question referred to the High Court implies the assessee argued for the allowability of the deduction under the specified conditions. Revenue's Contention: The judgment does not record specific contentions made by the Revenue. However, the reference of the question to the High Court indicates the Revenue disputed the Tribunal's finding and sought a legal opinion on the applicability of Section 43B.

Which sections of the Income-tax Act were involved?

Section 256(1),Section 43B,Section 139(1)

AI-generated summary — verify with the full judgment below

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

INCOME TAX REFERENCE No. 96 of 1994

For Approval and Signature:

Hon'ble MR.JUSTICE R.K.ABICHANDANI and MR.JUSTICE KUNDAN SINGH ======================================================== 1. Whether Reporters of Local Papers may be allowed to see the judgements?

2.

To be referred to the Reporter or not?

3.

Whether Their Lordships wish to see the fair copy of the judgement?

4.

Whether this case involves a substantial question of law as to the interpretation of the Constitution of India, 1950 of any Order made thereunder?

5.

Whether it is to be circulated to the Civil Judge?

---------------------------------------------------------- COMMISSIONER OF INCOME TAX Versus NATWARLAL ISHWARLAL AND CO ---------------------------------------------------------- Appearance: MR MIHIR JOSHI with MR M R BHATT for Petitioner SERVED BY RPAD - (N) for Respondent No. 1 ----------------------------------------------------------

CORAM : MR.JUSTICE R.K.ABICHANDANI and MR.JUSTICE KUNDAN SINGH Date of decision: 13/04/98

ORAL JUDGEMENT [Per : Abichandani, J.]

The Income Tax Appellate Tribunal, Ahmedabad has referred the following question for the opinion of this Court under Section 256 (1) of the Income Tax Act.

"Whether, the Appellate Tribunal is right in law and on facts in holding that if the unpaid sales tax liability pertaining to the last quarter is paid within the time stipulated for filing of return under section 139 (1) the provisions of section 43B cannot be made applicable ?" The question referred to this Court now stands concluded by the decision of Hon'ble the Supreme Court in approved by the Supreme Court. In Chandulal Venechand's case, this Court while construing the provisions of Section 43-B had taken a view that the proviso to Section 43-B of the Act related back to the date when Section 43-B came into operation i.e., April 1, 1984. It was held that such liability would therefore be allowable as a deduction provided the assessee established that it was discharged by actual payment before the date applicable in his case for furnishing the return of income under Section 139 (1) of the Act in respect of relevant previous year in which the liability had been incurred.

In view of this settled legal position, the question referred to this Court is answered in the affirmative in favour of the assessee and against the Revenue. The Reference stands disposed of accordingly with no order as to costs.

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