IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. I.T.R. No.13 of 1995 Date of decision: 06.09.2006 Commissioner of Income Tax ---Appellant Vs. Shree Puran Chand Prop. -----Respondent CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE RAJESH BINDAL Present: Mr. Yogesh Putney, Advocate for the appellant. ----- ORDER: Following question of law has been referred for opinion of this Court by the Income Tax Appellate Tribunal, Chandigarh, arising out of its order dated 30.08.1993 in respect of assessment year 1984-85:- “Whether on the facts and in the circumstances of the case, the Tribunal was right in law in confirming the order of the Ld. CIT(A) who deleted the addition of Rs.62,031/- made under section 43-B of I.T.Act, 1961?” 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 in our order dated 5.9.2005 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 ) JUDGE September 06, 2006 ( RAJESH BINDAL ) ashwani JUDGE