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In the result, the appeal of the Revenue as well as assessee is dismissed
Bench: Dr. B. R. R. Kumarsh. Yogesh Kumar Us
Section 43B does not contemplate liability to pay service tax before actual receipt of the funds in the account of the assessee. Hence, the liability to pay service tax into the treasury will arise only upon the assessee receiving the funds and not otherwise. A SLP filed by department against the order of Hon'ble High Court of Bombay