Disallowance of expenditure under section 40


This query is : Resolved 

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
03 June 2014 One of my Assessee’s income tax cases for assessment year 2012-2013 is under consideration. There was two expenditure debited by him in income and expenditure account in accounting year 2011-2012, Service tax demand for financial year 2009-10 for Rs. 132520/- Interest on service tax for financial year 2010-11 for Rs. 55642/-AO raised oral information to us that as the accounting system of Assessee was mercantile system. So why payment for previous year from the period under consideration, should be disallow under section 40 of income tax act. Please guide me what is the provision of section 40 or this type of govt. statutory tax liabilities due to service tax or other revenue department audit or scrutiny proceeding.
Thanks
Mukesh Khandelwal
mukesh_khandel@yahoo.com
9828242065

03 June 2014 if u r following mercantile system of accounting, the Assessing Officer's contention is right. You have to nod for the disallowance.

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
04 June 2014 Thanks a lot amol sir, but as you know that it was not possible for Assessee to compute his service tax liabilities in the financial year 2009-2010. Tax liabilities raised by audit objection in accounting year 2011-2012. Assessee had deposited demand and entered in books in indirect expenses. Is any legal ground for argue.

04 June 2014 No. At the most Assessing Officer may take approval to open the earlier year's cases


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
14 October 2026
Asst. Manager/Dy Manager (Costing)

manufacturing

Pune

CMA

View Details
Company
ARTICLESHIP 07 October 2026
Article Assistant

Malhotra Rajesh & Associates

New Delhi

B.Com

View Details
Company
07 October 2026
Senior Account Manager

Amplio Invest

Mumbai

M.Com

View Details
Company
ARTICLESHIP 01 October 2026
Articled Assistant

KPSN & Associates LLP

Chennai

CA Inter

View Details
Company
22 September 2026
Account Assistant

Chirag P Shah & Co. Chartered Accountant

Pune

B.Com

View Details
Company
08 October 2026
SALES TELECALLER

HIRE NOVA

Lucknow

Graduate (Any)

View Details
Company
19 September 2026
CA/Semi-CA/BCom

Pravin Sarvaiya

Mumbai

CA Inter

View Details
Company
30 September 2026
Senior Accounts Executive

Codeboard Technology

Chennai

MBA

View Details