disallowance u/s 43b

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Querist : Anonymous

Querist : Anonymous (Querist)

11 March 2011 service tax liability(Duties & taxes) for f.y 2009-10 Rs.360000/-(same is not paid before due date specified u/s 139(1))

will this be disallow u/s 43b or not?
return of income still not file by assesses who is under audit u/s 44AB in above case.

its Urgent

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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11 March 2011 Section 43B can only be invoked when the assessee claims deduction for any sum payable by way of tax or duty, under any law for the time being in force. Where no such deduction is claimed nor charged to the profit and loss account, there is no question of disallowing the amount under the referred section.

Querist : Anonymous

Querist : Anonymous (Querist)

14 March 2011 thanx sir for reply but sir i could not getit still because in ICAI practice manual they written that it is not necessary that tax ,cess debited to p/l a/c even item in balance sheet and not paid before due date is disallow. there conflict btw my view and my boss on this. and i would like to know IS THERE ANY CASE lAW OF APEX COURT ON THIS THEN PLZ SUGGEST ME. I m also having your view but need more clearlty.

plz guide me

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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14 March 2011 My observation is supported by the following decisions:-
1.ACIT vs Real Image Media Technologies (P) Ltd 306 ITR 106

2.CIT vs Noble and Hewitt India (P) Ltd. 305 ITR 324

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