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No Section 43B disallowance if Service Tax Not not routed through P&L: Bombay HC
Case Law Details
- Case Name
- CIT-8 Vs Calibre Personnel Services Pvt. Ltd. (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Bombay High Court
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CIT-8 Vs Calibre Personnel Services Pvt. Ltd. (Bombay High Court)
Bombay High Court in CIT-8 vs. Calibre Personnel Services Pvt. Ltd. addressed the disallowance of unpaid service tax under Section 43B of the Income Tax Act for Assessment Years 2007-08 and 2008-09. The Revenue challenged the Income Tax Appellate Tribunal’s (ITAT) decision that upheld the assessee’s position that unpaid service tax, not debited to the profit and loss account, should not be added to taxable income. The Assessing Officer initially added ₹1.34 crores as taxable income, which the CIT(A) reduced to ₹82 lakhs....
Dear Friend, Is this judgement applicable to all the indirect taxes, which are not debited to profit & loss account, like GST? In some of the seminars, the speaker are saying that even the outstanding GST (not debited to profit & loss account and account was kept separately for input and output) is disallowed under section 43B if it is not paid within the due date. Please clarify me.