Sec. 43B: Amusement Tax paid before due date of Filing Income Tax Return is eligible for deduction

Ratan Saha Vs. ITO (ITAT Kolkata)

At the outset, we find that the collection of amusement tax by the assessee from the various cine goers along with sale of tickets constitutes a trading receipt liable to be taxed in terms of the ratio laid down by the Hon’ble Supreme Court in the case of Chowringhee Sales Bureau Ltd. vs. CIT reported in [1973] 87 ITR 542 (SC). However, we find that the assessee had shown amusement tax liability as on 31.03.2011 at Rs. 29,77,066/- and as on 31.03.2012 at Rs. 40,83,681/-.

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