Case Law Details
Pr. CIT Vs Tops Security Ltd. (Bombay High Court)
Section 43B does not contemplate liability to pay service tax before actual receipt of the funds in the account of the assessee. Hence the liability to pay service tax into the Treasury will arise only upon the assessee receiving the funds and not otherwise. Thus the consideration has to be actually received and thereupon the liability will arise. Hence, the liability claimed by the assessee was rightly allowed by the Tribunal.
FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT
1. The Revenue’s appeals challenge the orders of the Income Tax Appellate Tribunal, Bench at Mumbai.
2. In all these appeals, the Revenue proposes a common question and terms it to be a substantial question of law. The common question reads as under:
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A good channel but shows some incomplete judgement, pl give full text