44ab???

1160 views 13 replies

 

1.
If suppose my sales in profit and loss accounts do not include sales tax (net of sales tax) and the sales tax paid is also not debited to profit and loss account, whether the sales tax payable for the year would be in the ambit of section 43B and i had to pay income tax on the unpaid amount of the sales tax which is under current liabilities and provisions as sales tax payable.


Eg. IF sales tax payable is Rs. 100000/- and the client is under tax audit and if the same amount is not paid within the due date of filing returns then whether the tax on same i.e, Rs.33600/- would have to paid for the same as disallowance factor under section 43 B.


2.
Or only it is payable if the sales tax amount is debited to profit and loss account and the sales tax amount debited to P & L which is payable within due date is disallowed and tax is payable on the amount debited to P & L A/c.


if in 1st case if 43B is attracted then whether the tax paid is allowed as deduction for the tax to be payable for the subsequent year in which the sales tax is paid.
Pls. suggest.

Replies (13)

Hi , preparation of profit and loss account has no relation with allowance or disallowance of expenditure under any of the provision of income tax , so to claim any expense as specified under the provision of section 43B , they need to be paid by the due date of filing return u/s139(1) , if not paid there is no problem same will be allowed in the following year in which it is paid . 

Plz correct me if I  am wrong .

I think Shashank is right,If you want to claim deduction regarding such expenses then you have to comply with provisions. .It doesn't matter whether you have debited it to accounting profit and loss account or not.

Agreed with shashank...

agree with shashank

SHASHANK IS 100% CORRECT 

Totally Agree With Shashank......)))))))

Originally posted by : Shah Tarun
I think Shashank is right,If you want to claim deduction regarding such expenses then you have to comply with provisions. .It doesn't matter whether you have debited it to accounting profit and loss account or not.

Shashank is right.......

hey can anyone provide link of official website or pdf regarding this , i want more inf. thnX in advance

@ mitul Read section 43B.

@ ashish  ...... i dont know much about site .....so would u post here its link or website ??

https://law.incometaxindia.gov.in/DIT/Income-tax-acts.aspx

hi friends,

i have a view that we have not answered the exact doubt of our friend.his doubt is that if sales are credited to p&l excluding sales tax and a sperate sales tax account is opened whose balance is shown in the balance sheet wether non payment of that witin date specified u/s 139(1) attracts 43B.I think that if the sales tax amount is not cr/dr to p&l account and is routed through B/S the provisions of 43B WILL NOT attract because i have not taken any benefit of deduction of tax while computing my profits so no question of disallownce arises.Plz correct if iam wrong.please go through this link especially the explanations which follow:

https://www.vakilno1.com/bareacts/incometaxact/s43b.htm

cheers.


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