IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. I.T.R. Nos.132 of 1996 Date of decision: 09.11.2006 The Commissioner of Income Tax (Central), Ludhiana. ---Applicant Vs. M/s B.S. Kohli Synthetics (P) Ltd., Ludhiana. -----Respondent CORAM:- HON'BLE MR JUSTICE AJAY KUMAR MITTAL HON'BLE MR JUSTICE RAJESH BINDAL Present: Mr. S.K. Garg Narwana, Advocate for the revenue. ----- ORDER: Following question of law has been referred for opinion of this Court by the Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh, arising out of its order dated 13.09.1994 in I.T.A. Nos.1389/Chandi/89 in respect of assessment year 1984-85:- “Whether on the facts and in the circumstances of the case, the ITAT was right in law in deleting the disallowance u/s 43B made by the Assessing Officer by holding that the sales tax liability of Rs. 46,637/- is allowable if the payment is made before the due date prescribed under section 139(1) and that Ist proviso to Section 43B has retrospective application though it came into being w.e.f. 1.4.1988?” It is fairly conceded by the learned counsel for the revenue that the issue is covered against the revenue and in favour of the assessee by the judgment of Hon’ble the 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, the issue has been decided against the revenue and in favour of the assessee vide order of this Court 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.. I.T.R. Nos.132 of 1996 Accordingly, the question is answered against the revenue and in favour of the assessee. ( AJAY KUMAR MITTAL ) JUDGE November 09, 2006 ( RAJESH BINDAL ) ashwani JUDGE Pag e