High Court Karnataka High Court

Commissioner Of Income-Tax And … vs Distillers Co. Ltd. on 23 September, 2002

Karnataka High Court
Commissioner Of Income-Tax And … vs Distillers Co. Ltd. on 23 September, 2002
Equivalent citations: 2004 266 ITR 276 KAR, 2004 266 ITR 276 Karn
Author: R Raveendran
Bench: R Raveendran, S Majage


JUDGMENT

R.V. Raveendran, J.

1. This appeal by the Revenue under Section 260A of the Income-tax Act 1961, is directed against the order of the Income-tax Appellate Tribunal, Bangalore Bench, dated March 28, 2002, in I T. A. No. 565/Bang of 1999 confirming the order dated July 7, 1999, passed by the Commissioner of Income-tax (Appeals), Bangalore, and seeking restoration of the order of the assessing authority.

2. The matter relates to the assessment year 1996-97. The question involved is whether the amount of “kist” payable by the assessee to the State Government can be allowed as a deduction even when the said sum has not been paid by the assessee in view of the restriction imposed under Section 43B of the Income-tax Act, 1961 ?

3. The matter is directly covered by the decision of the Division Bench of this court in CIT v. Sri Balaji and Co. (2000] 246 ITR 750. Following the said decision, this appeal is dismissed.