c

SECTION 43B – DEDUCTION TO BE ALLOWED
ONLY ON ACTUAL PAYMENT

Where sums referred to in first proviso to section 43B had in fact been paid on or before due dates mentioned therein, but evidence therefor had been omitted to be furnished along with return, Assessing Officer can entertain applications under section 154 for rectification of intimations under section 143(1)(a) or order under section 143(3), as the case may be, and decide same on merits

1. Attention is invited to Board’s Circular No. 581, dated 28-9-1990 [Clarification 1], wherein it was, inter alia, stated that where a deduction claimed is disallowed as, prima facie, inadmissible for want of evidence in support thereof under section 143(1)(a), it cannot be subsequently allowed by a rectification order under section 154 even if the assessee later on furnishes evidence in support thereof.  This clarification was made especially with reference to the requirement of furnishing of evidence of payment of tax-duty, etc., along with the return, contained in section 43B.

2. The Board have reconsidered the matter and are of the opinion that where the sums referred to in the first proviso under section 43B had in fact been paid on or before the due dates mentioned therein, but the evidence therefor had been omitted to be furnished along with the return, the Assessing Officers can entertain applications under section 154 for rectification of the intimations under section 143(1)(a ) or orders under section 143(3), as the case may be, and decide the same on merits.

3. Circular No. 581, dated 28-9-1990 stands modified to the above extent.

Circular : No. 669, dated 25-10-1993.

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