HI TECH BIOSCIENCES INDIA PRIVATE LTD,KOTHRUD, PUNE vs. ASST.COMMISIONER, CIRCLE 1(1), PUNE, PUNE

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ITA 1527/PUN/2026Status: DisposedITAT Pune07 September 2026AY 2015-20166 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found that the service tax pertained to earlier years and was crystallized in the current year due to project non-feasibility. Since it was supported by evidence and not disputed by revenue, the disallowance was deleted.

What were the facts?

The assessee debited service tax written off of Rs. 32,44,048/- as an expense. The Assessing Officer disallowed this amount, treating it as prior period expenditure not allowable under Section 37(1). The CIT(A) sustained this disallowance.

What were the issues?

Whether service tax written off, crystallized in the current year due to project non-feasibility, can be disallowed as prior period expenditure.

Which sections of the Income-tax Act were involved?

Section 147,Section 250,Section 271(1)(c),Section 143(3),Section 148,Section 143(2),Section 142(1),Section 144B,Section 37(1)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE

Before: DR. MANISH BORAD & SHRI PAVAN KUMAR GADALE

Hearing: 03.09.2026Pronounced: 07.09.2026

आदेशािुसार / BY ORDER,

Assistant Registrar, आयकरअिीिीयअतिकरण,/ ITAT, Pune.

ITA.Nos. 1527 & 1528/PUN/2026 Hi Tech Biosciences India Pvt. Ltd.

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