Service Tax Collected but not paid to Government disallowable under section 43B

Boraiah Shivananjaiah Vs ACIT (ITAT Bangalore)

ITAT held that At this point of time, we have to see whether the assessee has actually collected service tax and kept it with him, without remitting the same to the Government exchequer. The AO recorded the finding that the assessee has actually collected the service tax from it customer and not remitted to the Government exchequer. Contrary to this, the Ld.AR made a plea that it has not been actually verified by the AO and without examining, the AO took a decision that it has b

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