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ITAT ruled in favor of assessee regarding GST disallowance u/s 43B. The tribunal found that GST amount was not routed through Profit & Loss account but shown under current liabilities, which remained uncontroverted by Revenue. No evidence was presented to demonstrate that assessee claimed any deduction for GST. Following established precedent, where tax liability is neither claimed as deduction nor debited to P&L account, provisions of section 43B are not applicable. Therefore, disallowance cannot be sustained when no deduction was claimed in the first place. Revenue's appeal dismissed.
ITAT ruled in favor of assessee regarding GST disallowance u/s 43B. The tribunal found that GST amount was not routed through Profit & Loss account but shown under current liabilities, which remained uncontroverted by Revenue. No evidence was presented to demonstrate that assessee claimed any deduction for GST. Following established precedent, where tax liability is neither claimed as deduction nor debited to P&L account, provisions of section 43B are not applicable. Therefore, disallowance cannot be sustained when no deduction was claimed in the first place. Revenue's appeal dismissed.
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