ITAT allowed the appeal of the assessee and set aside the...

ITAT allowed the appeal of the assessee and set aside the addition relating to disallowance of claim for IGST refund arising from advance IGST paid on export of services, holding that such advance payment is refundable and does not constitute deductible expenditure or income of the year under s.143(1)(a) intimation. The Tribunal found CIT(A)'s view that non-claim of IGST as expenditure was an attempt to evade s.43B misplaced, noting there is no liability to bear GST/IGST on export of services and the statutory regime mandates advance deposit refundable on proof of export. AO was directed to delete the addition; decision in favour of the assessee.

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