ITO, WARD-6(4), NEW DELHI vs. CORONATION INFRASTRUCTURE PVT. LTD., NEW DELHI

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ITA 757/DEL/2020Status: DisposedITAT Delhi13 July 2022AY 2016-179 pages

In favour of the Revenue: the Revenue's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal followed the jurisdictional High Court's decision in CIT vs Noble and Hewitt (I) Pvt. Ltd., which held that Section 43B does not apply if the service tax is not collected from customers. The appeals were allowed for statistical purposes.

What were the facts?

The assessee did not pay service tax before the due date of filing the income tax return. The Assessing Officer disallowed the unpaid service tax amount under Section 43B. The CIT(A) upheld the disallowance to some extent but directed verification.

What were the issues?

Whether unpaid service tax, collected from customers but not remitted, is disallowable under Section 43B when the assessee follows the mercantile system of accounting and has not claimed it as a deduction.

Which sections of the Income-tax Act were involved?

Section 43B,Section 139(1),Section 92E

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(4)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, DELHI BENCH, ‘B’: NEW DELHI

Before: SHRI SHAMIM YAHYA & SHRI YOGESH KUMAR US

For Appellant: Ms. Jyoti Sharma, Adv
For Respondent: DR Assessee by Ms. Jyoti Sharma, Adv
Hearing: 13.07.2022Pronounced: 13.07.2022

per our directions as above after giving effect to our order for Assessment Year 2015-16. We order accordingly.

12.

In the result, these appeals are allowed for statistical purposes.

Order pronounced in the open court on 13/07/2022.

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