43b

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Querist : Anonymous

Querist : Anonymous (Querist)

03 December 2013 If there is a service tax liability on 31-3-12 but it is paid on 1-4-12 hnce payment is made before due date but the return in not filed wihin due date so will the unpaid service tax as on 31-3-12 be dissallowed u/s 43b???

CA PARAS BAFNA

CA PARAS BAFNA (Expert)

03 December 2013 No, it will not be disallowed. Tax has already been paid before the due date of filing of return. Payment of tax is sufficient.
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Further, Service tax is not treated as the tax-liability of the assessee. Please follow the link

https://www.indiankanoon.org/doc/125849694/

Querist : Anonymous

Querist : Anonymous (Querist)

13 December 2013 Sir You mean to tell Service tax is not a liability of the assessee and even if its not paid it wont be disallowed???

CA PARAS BAFNA

CA PARAS BAFNA (Expert)

13 December 2013 It is a liability till it is not paid.
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U/s 43B-service Tax is not treated as Tax payable by the Service provider assessee.
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Service Tax is collected and paid to the govt. As such it can not be said that the assessee is claimimg an expenditure. By paying the Service Tax collected he discharges his legal obligation.
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Querist : Anonymous

Querist : Anonymous (Querist)

13 December 2013 43b does not cover service tax. sir can u give a reference for this

CA PARAS BAFNA

CA PARAS BAFNA (Expert)

13 December 2013 Please click the last line of the first reply. Reference has been given.
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