https://www.taxtmi.com/caselaws?id=774755 ITAT Delhi allowed the assessee's appeal against disallowance u/s 43B made by CIT(A) based on tax auditor's report showing unpaid GST liability. The tribunal held that GST payable was adjusted against input tax credit before the due date of filing return, making the auditor's report factually incorrect. Since the GST amount was neither debited to profit and loss account nor claimed as deduction, Section 43B provisions were not attracted. Following precedents from Delhi HC in CIT vs. Noble and Hewitt and ITAT Delhi in ATS Real Estate Builders, the disallowance was deleted as the statutory liability was not routed through profit and loss account. en-us Wed, 09 Jul 2025 00:00:00 +0530 Mon, 14 Jul 2025 08:36:29 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=774755 ITAT Delhi allowed the assessee's appeal against disallowance u/s 43B made by CIT(A) based on tax auditor's report showing unpaid GST liability. The tribunal held that GST payable was adjusted against input tax credit before the due date of filing return, making the auditor's report factually incorrect. Since the GST amount was neither debited to profit and loss account nor claimed as deduction, Section 43B provisions were not attracted. Following precedents from Delhi HC in CIT vs. Noble and Hewitt and ITAT Delhi in ATS Real Estate Builders, the disallowance was deleted as the statutory liability was not routed through profit and loss account. Case-Laws Income Tax Wed, 09 Jul 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=774755