Washabarie Tea Co. (P.) vs Assistant Commissioner Of Income-Tax on 8 September, 1993
This ground is to be held in favour of the assessee following with respect the order of the Tribunal in its own case dated 14-9-1991 in ITA No. 3590/ Cal./88 for the assessment year 1985-86 and the judgment of the Andhra Pradesh High Court in the case of Phoolchand Lalith Kumar & Co. v. ITO [1992] 196 ITR 302. It has been held that 'cess' is different in nature and character from "tax or duty" and therefore it cannot be disallowed under Section 43B as it stood prior to the amendment to the Section made by Finance Act, 1988 w.e.f. 1-4-1989.