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    <title>2022 (12) TMI 691 - ITAT DELHI</title>
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    <description>The Tribunal dismissed the Revenue&#039;s appeal, upholding the deletion of the addition of Rs.1,79,91,058/- made by the AO under section 43B. The Tribunal ruled that service tax collected but not paid was not considered as income of the assessee, citing established case laws. It was held that service tax liabilities are not subject to section 43B. Penalty proceedings under section 271(1)(c) were deemed unwarranted as the service tax collected was not treated as income or an expense in the Profit &amp;amp; Loss account, being a liability to be paid to the Government.</description>
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      <title>2022 (12) TMI 691 - ITAT DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=431574</link>
      <description>The Tribunal dismissed the Revenue&#039;s appeal, upholding the deletion of the addition of Rs.1,79,91,058/- made by the AO under section 43B. The Tribunal ruled that service tax collected but not paid was not considered as income of the assessee, citing established case laws. It was held that service tax liabilities are not subject to section 43B. Penalty proceedings under section 271(1)(c) were deemed unwarranted as the service tax collected was not treated as income or an expense in the Profit &amp;amp; Loss account, being a liability to be paid to the Government.</description>
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