ITAT Bangalore: GST Refund Not Taxable Under Exclusive Method; Double Addition U/s 143(1) Struck Down
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ITAT Bangalore: GST Refund Not Taxable Under Exclusive Method; Double Addition U/s 143(1) Struck Down

Case Law Details

Case Name
Dell International Services India Pvt. Ltd. Vs DCIT (ITAT Bangalore)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2023-24
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Dell International Services India Pvt. Ltd. Vs DCIT (ITAT Bangalore) n the case of Dell International Services India Pvt. Ltd., the Bangalore ITAT held that GST, sales tax, and service tax refunds cannot be taxed where the assessee consistently follows the exclusive method of accounting and does not route such taxes through the Profit & Loss Account. The Tribunal clarified that since these taxes were neither claimed as expenditure nor debited to P&L, their refund cannot be treated as income—rejecting the CIT(A)’s view of taxability under Section 41(1) or Section 28(i). Further, the...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,486

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