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| The Tax Publishers2019 TaxPub(DT) 7606 (Rai-Trib) INCOME TAX ACT, 1961
Section 43B
When assessee had not debited the amount of service tax to profit and loss account and had not claimed it as expenditure, the question of disallowance did not arise.
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Business disallowance under section 43B - Deduction on actual payment - Service tax collected but not deposited - Service tax not claimed as deduction
AO made the addition by applying section 43B of service tax collected but not deposited. Assessee's case was that though service tax was billed, however, was not debited to Profit & Loss Account and no deduction was claimed for service tax by the assessee.Held: When assessee had not debited the amount of service tax to Profit and Loss Account and had not claimed it as expenditure, the question of disallowance did not arise.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
INCOME TAX ACT, 1961
Section 40(a)(ia)
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