2012 (8) TMI 994 - AT - Income Tax

Summary

Issues involved: Revenue's appeal against CIT(A)'s order dated 1-3-2012 for assessment year 2009-10, involving deletion of disallowance u/s 40A(3) and u/s 43B.

Disallowance u/s 40A(3):
The assessee company, engaged in consultancy and project work, reimbursed expenses in cash and cheques during meetings/workshops. The cash payments did not exceed &8377; 20,000 to a single person. CIT(A) directed deletion of the disallowance as payments were within the limit. Tribunal upheld CIT(A)'s decision based on factual findings and records, confirming no single payment exceeded &8377; 20,000, thus not violating sec. 40A(3).

Disallowance u/s 43B:
Regarding unpaid service tax, CIT(A) found sec. 43B not applicable as service tax was not claimed in P&L A/c and not collected from service recipient. Citing precedents, CIT(A) deleted the addition. Tribunal concurred, stating non-deposit of service tax cannot be added to income u/s 43B if not debited in P&L A/c. Upheld CIT(A)'s decision based on similar case laws and factual alignment, dismissing the department's appeal.

Conclusion:
The Tribunal dismissed the department's appeal, upholding CIT(A)'s orders on both issues, emphasizing compliance with sec. 40A(3) and inapplicability of sec. 43B to service tax based on legal precedents and factual evidence.