Whether amount of sales tax liability converted into loans may be allowed as deduction in assessment for previous year in which such conversion has been permitted by or under Government orders
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Section 43B actual payment rule: sales tax converted into government permitted loans qualifies for deduction in year conversion permitted. For deferred sales tax schemes, Government Orders that deem deferred collections as collected and disbursed are treated as effecting discharge of the statutory liability for the purposes of section 43B, so sales tax liabilities converted into loans may be allowed as a deduction in the previous year in which such conversion is permitted; conversely, interest converted into loans is deductible only when actually paid and, if merged with principal, the interest component must be determined proportionately.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Section 43B actual payment rule: sales tax converted into government permitted loans qualifies for deduction in year conversion permitted.
For deferred sales tax schemes, Government Orders that deem deferred collections as collected and disbursed are treated as effecting discharge of the statutory liability for the purposes of section 43B, so sales tax liabilities converted into loans may be allowed as a deduction in the previous year in which such conversion is permitted; conversely, interest converted into loans is deductible only when actually paid and, if merged with principal, the interest component must be determined proportionately.
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