09 September 2010
Where the assessee maintaining mercantile system of accounting collected service tax but did not deposit a portion thereof to Government account, but had neither debited the amount to the profit and loss account as an expenditure nor had claimed any deduction in respect of the amount, the question of disallowing any amount under section 43B would not arise - CIT v. Noble & Hewitt (I) (P.) Ltd. [2008] 166 Taxman 48 (Delhi).
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