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Case Law Details

Case Name : SDCE Projects (P) Ltd. Vs DCIT (ITAT Ahmedabad)
Appeal Number : ITA No. 2556/AHD/2017
Date of Judgement/Order : 01/10/2019
Related Assessment Year :
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SDCE Projects (P) Ltd. Vs DCIT (ITAT Ahmedabad)

There was no obligation on the part of the assessee to show the amount of service tax collected from the customers as part of the turnover. Accordingly, the assessee has not included the amount of service tax in its turnover which has been shown as current liability. Therefore there was no deduction claimed by the assessee in its profit and loss account at the time of actual payment. As Assessee not having routed service tax amount through profit and loss account, there was no question of making disallowance under section 43B on account of delayed payment of service-tax.

FULL TEXT OF THE ITAT JUDGEMENT

The captioned appeal has been filed at the instance of the Assessee against the order of the Learned Commissioner of Income Tax (Appeals)-2, Vadodara dated 10/08/2017 (in short “Ld. CIT(A)”) arising in the matter of assessment order passed under s. 143(3) of the Income Tax Act, 1961 (here-in-after referred to as “the Act”) dt. 22/03/2016 relevant to the Assessment Year 2013-2014.

The assessee has raised the following grounds of appeal.

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