INAYAT PEERMOHAMMAD SHAIKH,MUMBAI vs. ITO 19(3)(2), MUMBAI

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ITA 4104/MUM/2015Status: DisposedITAT Mumbai31 March 2016AY 2011-123 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that Section 43B is applicable only when an expenditure is debited and claimed as a deduction without actual payment. Since the assessee neither debited nor claimed VAT/service tax as an expense, the addition was unjustified.

What were the facts?

The assessee's appeals were against the CIT(A)'s order concerning additions made by the AO for outstanding VAT and service tax. The AO invoked Section 43B of the Income Tax Act for these additions.

What were the issues?

Whether VAT and service tax, which were not debited in the profit and loss account and not claimed as a deduction, could be added back to income under Section 43B.

Which sections of the Income-tax Act were involved?

Section 43B

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)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, “I”, BENCH MUMBAI

Before: SHRI R.C.SHARMA, AM & SHRI AMARJIT SINGH, JM

Hearing: 01/02/2016Pronounced: 31/03/2016

Heard together (2 matters)

ITA No.4104/Mum/2015
ITA No.2276/Mum/2014

Read from the judgment's own cause title. This page is filed under one of them.

O R D E R PER R.C.SHARMA (A.M.) : These are the appeals filed by the assessee against the order of CIT(A), Mumbai, for the assessment years 2011-12 & 2009-10, in the matter of order passed u/s.143(3) of the I.T. Act.

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