stundent
26 Points
Joined August 2008
Section 43B only stipulates a condition on which a deduction otherwise allowable under the Act can be allowed. It is not an enabling section unlike sections 30 to 36 - i.e. it does not prescribe the expenditure that can be allowed. [Section 43B - Notwithstanding anything contained in any other provision of the Act, a deduction otherwise allowable under this Act, in respect of a) any tax, duty, cess or fee .... shall be allowed only in computing income under section 28 in PY in which such sum is actually paid]
As the sales tax is paid under a demand order, it would not have been brought into the books in the previous year - irrespective of method of accounting adopted. In the C.Y the entry would be passed as pior period expense. Prior period expenses are not 'otherwise allowable' under the Act. I believe that this would not be allowed.
What do you guys feel?
PS: This is my first post in CCI :)