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The Commissioner of Income Tax (Central) v. Shri Rameshwar Lal Soni, Kapurthala. - ITR-46-1996  RD-P&H 9188 (24 October 2006)
I.T.R. No.46 of 1996
Date of decision: 02.11.2006
The Commissioner of Income Tax (Central), Ludhiana.
Shri Rameshwar Lal Soni, Kapurthala.
CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL
HON'BLE MR JUSTICE RAJESH BINDAL
Present: Mr. S.K. Garg Narwana, Advocate for the revenue.
Following question of law has been referred for opinion of this Court by the Income Tax Appellate Tribunal, Amritsar Bench, Amritsar, arising out of its order dated 16.12.1994 in I.T.A. No.1632(ASR)/1989 in respect of assessment year 1984-85:-
"Whether, on the facts and in the circumstances of the case, the I.T.A.T. was right in law in deleting the addition of Rs.61,594/- made u/s 43B of the Act holding that the amended provisions of this section w.e.f. 1.4.1988 have retrospective application?" We find that the issue is covered against the revenue and in favour of the assessee by the judgment of Hon'ble Supreme Court in Allied Motors (P) Limited v. Commissioner of Income Tax 1997 (224) ITR 677.
Following the above judgment of the Hon'ble Supreme Court, we have decided the issue against the revenue and in favour of the assessee vide our order dated 5.9.2006 in ITR No.94 of 1996, The Commissioner of Income tax (C), Ludhiana v. M/s Avery Cycle Inds. Pvt. Limited, Ludhiana..
Accordingly, the question is answered against the revenue and in favour of the assessee.
( ADARSH KUMAR GOEL )
November 02, 2006 ( RAJESH BINDAL )
I.T.R. No.48 of 1993 Pag
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