9911796707
TMI Blog2022 (9) TMI 578X X X X Extracts X X X X X X X X Extracts X X X X ..... ternational couriers filed return declaring income of Rs. 34,84,270/-. The case of the assessee was selected for scrutiny and statutory notice u/s 143(2) of the Income Tax Act("Act" for short) was issued and further noticed u/s 142(1) of the Act was also issued. The Representative of the assessee participated in the assessment proceedings. The assessment order came to be passed on 04/03/2016 by making an addition of Rs. 30,752/- as per provision of Section 41 of the Act and a sum of Rs. 63,23,646/- has been added back to the declared income of the assessee on the ground that payment of the service tax liability after the due date of filing of return of income is not allowable u/s 43B of the Act. Thus, unpaid service tax liability has been a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... der of the Ld.CIT(A) and submitted that no interference is required by this Tribunal. 6. We have heard the parties, perused the material on record and gave our thoughtful consideration. It is not in dispute that the assessee charged service tax component in the bills raised by it with regard to the sales and installation of telecom towers, parts components and accessories. The assessee renders services in connection with domestic and international courier. The assessee is also eligible to service tax which has been collected from customers. As the bill raised indicates that bill is inclusive of services rendered and consequently service tax. It is the case of the assessee before the Lower Authorities that the assessee Company did not claim ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dia) Pvt. Ltd. Vs. Commissioner of Income Tax, wherein it is held as under:- "74. The ITAT followed its order dated 8th August 2008 in ITA No. 294/Luc/2000 which held that Section 43B is only attracted when the Assessee claims deduction for any sum payable by way of tax or duty under any law for the time being in force, and, where, as in the case of the Assessee, no charge is claimed or made to the profit or loss account, there was no question of disallowing the amount taken to the balance sheet on the liabilities side or of "adding back" and deleted the addition. 75. Consequently, the Court upholds the order of the ITAT which affirmed the order by the CIT(A) deleting the above addition. The issue is decided in favour of the Assessee a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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