INCOME TAX OFFICER, WARD- 6(1)(3), BENGALURU vs. M/S. SPEED TRANS CARGO PRIVATE LIMITED, BENGALURU
What did the Tribunal hold?
The Tribunal restored the issue to the Assessing Officer to examine whether the unpaid service tax was claimed as a deduction. If not claimed, Section 43B would not be invoked, following the Bombay High Court's decision.
What were the facts?
The Assessing Officer added back unpaid service tax of Rs. 4,35,91,191 under Section 43B. The CIT(A) deleted this addition relying on a Bombay High Court judgment. The Revenue appealed, arguing the CIT(A) did not give the AO an opportunity to examine if the service tax was claimed as an expense.
What were the issues?
Whether the CIT(A) was justified in deleting the addition without giving the AO an opportunity to examine the claim of deduction for unpaid service tax.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, BANGALORE BENCHES “A”, BANGALORE
Before: Shri George George K, JM & Shri B.R.Baskaran, AM
O R D E R
Per George George K, JM :
This appeal at the instance of the Revenue is directed against CIT(A)’s order dated 03.04.2019. The relevant assessment year is 2012-2013.
The effective grounds raised by the Revenue, namely ground no.2 and 3 reads as follow:-
“2. On the facts and circumstances of the case, whether the ld.CIT(A) is justified in deleting the addition of Rs.4,35,91,191/- 3. On the facts and circumstances of the case, whether the ld.CIT(A) is justified in not giving opportunity to the Assessing Officer under rule 46A. 3. The brief facts of the case are as follow: The assessee is a company engaged as a transporter, trading and retailers. For the assessment year 2012-2013, the return of income was filed declaring total income of M/s.Speed Trans Cargo Pvt. Ltd. . Rs.23,27,310. The assessment was taken up for scrutiny by issuance of notice u/s 143(2) of the I.T.Act and scrutiny assessment was completed u/s 143(3) of the I.T.Act vide order dated 30.03.2015. In the said assessment order, the A.O. added back a sum of Rs.4,35,91,191 by invoking the provisions of section 43B of the I.T.Act and concluded the assessment on a total income of Rs.4,59,18,498.
Aggrieved by the addition u/s 43B of the I.T.Act, the assessee preferred an appeal to the first appellate authority. Before the first appellate authority, the assessee contended that the service tax unpaid amounting to Rs.4,35,91,191 was never claimed as an expenditure / deduction in the profit and loss account warranting disallowance u/s 43B of the I.T.Act. In this context, the assessee relied on the judgment of the Hon’ble Bombay High Court in the case of CIT v. Knight Frank (India) Pvt. Ltd. in (judgment dated 16.08.2018). The CIT(A) by placing reliance on the Bombay High Court judgment cited supra, deleted the addition made u/s 43B of the I.T.Act by the A.O.
Aggrieved by the order of the CIT(A), the Revenue has filed this appeal before the Tribunal. The learned Departmental Representative submitted that the CIT(A) has not complied with the mandate prescribed under Rule 46A of the I.T.Rules, 1962. It was submitted that the assessee has not proved before the Assessing Officer that unpaid service tax amounting to Rs.4,35,91,191 was not claimed as a deduction in the profit and loss account of the assessee. It was submitted that the CIT(A) ought to have granted the A.O. an opportunity to M/s.Speed Trans Cargo Pvt. Ltd. . examine whether the unpaid service tax has been claimed as a deduction in the profit and loss account. In the absence of the same, the prescription mandated under Rule 46A of the I.T.Rules, has been violated.
The learned AR, on the other hand, submitted that the matter can be restored to the A.O., for the limited purpose of examination whether the unpaid service tax whether it is claimed as a deduction in the profit and loss account. It was stated by the learned AR that there should be specific direction to the A.O. not make addition u/s 43B of the I.T.Act, if the assessee has not claimed it as a deduction in the profit and loss account.
We have heard rival submissions and perused the material on record. The learned DR contended that the amount of unpaid service tax amounting to Rs.4,35,91,191 whether it has claimed as deduction in the profit and loss account was never examined by the A.O. and the CIT(A) without giving an opportunity to the A.O. by placing reliance on the additional evidence allowed the appeal of the assessee. The learned AR does not have any grievance for remitting the issue to the A.O. to examine whether the unpaid service tax has been claimed as a deduction in the profit and loss account. Therefore, this issue is restored to the files of the A.O. The A.O. is directed to examine whether the assessee had claimed the unpaid service tax as an expenditure / deduction in the profit and loss account. In the event the same is not claimed as a deduction / expenditure, the A.O. shall not invoke the provisions of section 43B of the I.T.Act in view of the judgment of the Hon’ble
M/s.Speed Trans Cargo Pvt. Ltd. . Bombay High Court in the case of CIT v. Knight Frank (India) Pvt. Ltd. (supra). It is ordered accordingly.
In the result, the appeal filed by the Revenue is allowed for statistical purposes.
More judgments on Section 43B
- Vco Consulatatns and Sevices Private… vs ITO, Corporate Ward 3(3), ChennaiITA 2145/CHNY/2025[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Siemens Gamesa Renewable Power Private… vs The Dy CIT Circle 8(2)(1), MumbaiITA 8020/MUM/2025[2017-18]Status: Disposed9 Oct 2026AY 2017-18
- Amritvarsha Industries Limited, Ambedkar… vs Assistant Commissioner of Income Tax…ITA 6481/DEL/2026[2010-2011]Status: Disposed7 Oct 2026AY 2010-2011
- Karaj Singh, Haryana vs PCIT (Central) Gurgaon, GurgaonITA 642/CHANDI/2026[2022-23]Status: Disposed1 Oct 2026AY 2022-23
- ACIT, Mumbai vs Imp Powers Limited, MumbaiITA 4982/MUM/2025[2012-13]Status: Disposed30 Sept 2026AY 2012-13
Recent GST High Court judgments
Search GST case law →- M/S Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026
- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026
- Piyush Shantilal Veera vs. State Of U.P.Allahabad · 23 Oct 2026
- Tvl. Pooja Shri Traders vs. The Deputy State Tax Officer - 1Madras · 23 Oct 2026