Law:

Section:

Section 43B, read with section 256 of the Income-tax Act, 1961 - Reference to High Court - Whether question as to whether, provisions of section 43B were not applicable although payment had been made after close of accounting year was a question of law, and was required to be referred by Tribunal under section 256 - Held, yes FACTS The Tribunal declined to refer the question at the instance of revenue that whether provisions of section 43B were not applicable although payment had been made after close of relevant accounting year. HELD The Tribunal had referred the two questions but not the third question. On a reading of the orders of the Tribunal, it was held that the third question was but an aspect of the same issue involved in the question referred, namely, the applicability of section 43B. It was but appropriate for the sake of completeness that the third question was also to be referred. Note: The reference application was thus, allowed. JUDGMENT…

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