TaxTMI 
TaxTMI 
2015 (12) TMI 348
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..... On the facts and in the circumstances of the case as well as in law, the Ld. CIT(A) erred in deleting the disallowance made by the AO u/s 43B of the Act made on account of late payment of Service Tax liability of Rs. 1,29,79,838/-. 1.1 On the facts and in the circumstances of the case as well as in law, the Ld. CIT(A) erred in not appreciating the fact that the assessee made the payment of the Service Tax liability amounting to Rs. 1,02,21,606/- after filing of Return of Income for the current year. 1.2 On the facts and in the circumstances of the case as well as in law, the Ld. CIT(A) erred in not appreciating the fact that the balance Service Tax payment made on amount of late payment of Employees' Contribution of PF amounting to Rs....
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.... Assessing Officer could not have disallowed this amount u/s 43B. Further, he held that assessee had to pay the service tax after collecting the service tax from the payers as per the Service Tax Rules, which the assessee had done as per the details mentioned at page 4 of the appellate order. The relevant observation and finding of the CIT(A) in this regard are as under :- I have considered the facts and circumstances of the case. During the year under consideration AO had added Rs. 1,29,79,838/- for non-payment of service tax liability as on 31.03.2010. On verification of the records of the appellant, appellant had not deducted this amount from the P&L account, hence, the deduction was not claimed in P&L account to reduce the profit of th....
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....ng the service tax from the payers as per the service tax rules. The appellant had collected the service tax later and paid the same as under: Date BEFORE FILING OF ITR Amount 06.05.2010 1,043,679.00 06.05.2010 62,972.00 06.05.2010 677,202.00 30.06.2010 974,379.00 TOTAL 2,758,232.00 Date AFTER FILING OF ITR Amount 01.11.2010 999,100.00 15.11.2010 499,550.00 23.11.2010 1,249,905.00 25.11.2010 1,999,951.00 27.11.2010 2,499,501.00 30.11.2010 1,249,905.00 07.12.2010 1,723,694.00 GRAND TOTAL 12,979,838.00 As the appellant had paid the service tax and also not claimed the deduction in profit and loss account, sec. 43B of the IT Act Is not applicable in view of the above mentioned case. Hence ....