Ajit K.Sengupta, J. - (1.) This reference under Section 256(1) of the Income-tax Act, 1961, relates to the assessment year 1984-85. The facts are in a narrow compass. During the year of account ending on March 31, 1984, being the previous year relevant to the assessment year 1984-85, the assessee collected an aggregate sum of Rs. 5,03,310 as and by way of Central sales tax. During the said year of account, the assessee paid in the aggregate Central sales tax of Rs. 4,02,136 leaving a balance of Rs. 1,01,174 which was taken to the balance-sheet. The Income-tax Officer, invoking the provisions of Section 43B of the Income-tax Act, 1961, added the said sum of Rs. 1,01,174 to the income returned by the assessee. On his part, the Commissioner of Income-tax (Appeals) declined to interfere in the matter. Thereupon, the assessee moved the Tribunal. The Tribunal was of the view that if the assessee is allowed time under the statute governing payment of sales tax and such payment is made within the period so prescribed even though after the close of the accounting year, this payment cannot come within the purview of Section 43B of the Act. The assessee claimed before the Tribunal that the amount of Rs. 1,01,174 was paid before the statutory dates which fell outside the accounting year. Since the claim required examination by the Income-tax Officer, the Tribunal remanded the matter to the Income-tax Officer to find out whether the impugned amount was or was not statutorily payable before the end of the accounting year on March 31, 1984, and to allow the relief accordingly.
(2.) On these facts, the following question has been referred to this court: "Whether, on the facts and in the circumstances of the case, the Tribunal is justified in law in directing the Income-tax Officer not to make addition of Rs. 1,01,174 under Section 43B of the Income-tax Act, 1961, as unpaid Central sales tax if the same was not statutorily payable before the end of the accounting year."
(3.) Before us, the contentions as urged before the Tribunal have been reiterated by the Revenue.;