Disallowance u/s 43b
Nitesh Gupta (Articled Assistant) (145 Points)
04 November 2011Nitesh Gupta (Articled Assistant) (145 Points)
04 November 2011
CA Sripal Jain
(Associate Finance)
(709 Points)
Replied 04 November 2011
AS per case law (chemicals and plastics india ltdv.s CIT(2003) SEC 43B IS AN INDEPENDENT PROVISION AUTHORISING DEDUCTION OF TAXES ON ACTUAL PAYMENT BASIS .HENCE THE FACT THAT ASSESSEE HAD NOT DEBITED SUCH AMOUNT IN THE ACCOUNTS IS NO BAR FOR DEDUCTION
ALSO SEE CASE LAWS REGARDING CITV.S ASSOCIATED PIGMENTS
REGARDS
SRIPAL JAIN
CA Sripal Jain
(Associate Finance)
(709 Points)
Replied 04 November 2011
THEREFORE SECTION 43B IS ADMISSABLE EVEN IF NOT CHARGED TO P&L ACCOUNT
CA Sripal Jain
(Associate Finance)
(709 Points)
Replied 04 November 2011
THEREFORE IF YOU HAVE NOT DEBITED THE P&L ACCOUNT THERE IS NO QUESTION OF DISALLOWANCE
Surendra Agarwal
(MANAGER FINANCE AND BUSINESS PLANNIN)
(289 Points)
Replied 04 November 2011
Nitesh Gupta
(Articled Assistant)
(145 Points)
Replied 05 November 2011
Dear Sir Surendra Agarwal,
Thanks for your valuable reply. But plz clarify me for this. If a co is registered as a vat dealer , and not under composition scheme, then it will collect vat on sales and pay vat on purchases. Then it will pay diff. tax (i.e. Outvat - Input VAt) to the credit of central govt. Then why it would rout it through P&L A/c. Instead of this it would treat it as liablility. Then what about disallowance u/s 43B. Plz clarify.
CA PARAS BAFNA
(Practising CA )
(33428 Points)
Replied 05 November 2011
Section 145A requires an adjustement in the values of Opening Stock, Closing Stock, Purchases and Sales. Presently you are showing all these items net of VAT.
If you add VAT in all the above 4 items then, it is natural that your Trading Account will show higher GP.
(As sales and Cl Stock will enhance more powerfully than the Purchases and Opening stock as you have a Vat liability )
This Higher GP will result into Higher NP unless you debit P& L A?c by VAT TAX to get the same Net Profit figure.
If you debit VAT TAX Expense A/c to P&L , duty to pay this tax U/s 43B emerges. If Tax has been already paid , you will be allowed Expense, otherwise Section 43B will come into Action.
ashish gupta
( student)
(1922 Points)
Replied 05 November 2011
it is the requirement of section 145A to include the VAT amount into purchase and sale value. And it overrides the section 145
ashish gupta
( student)
(1922 Points)
Replied 05 November 2011
Very beautifully explained by Paras sir
Surendra Agarwal
(MANAGER FINANCE AND BUSINESS PLANNIN)
(289 Points)
Replied 05 November 2011
Surendra Agarwal
(MANAGER FINANCE AND BUSINESS PLANNIN)
(289 Points)
Replied 05 November 2011
amitmehta_ca
(CA, CMA)
(99 Points)
Replied 05 November 2011
Dear Nitesh / Sripal/ Surendra,
The said amount will be added back to the income and will be allowed as deduction when the payment will be made next year.
There is no landmark judgement in the given case.
Regards
Amti Mehta
CA Sripal Jain
(Associate Finance)
(709 Points)
Replied 05 November 2011
i think your wrong this time AMIT,coz when you have not at all debited to p&l account how can u add back ,tel me which section says tht it shal be disallowed and ya the provision ur telling is its about employess contribution to PF,so i agree with paras sir,
regards
SRIPAL JAIN
CA Sripal Jain
(Associate Finance)
(709 Points)
Replied 05 November 2011
@ PARAS SIR,AT PRESENT IN INCOME TAX ACT ONE CAN FOLLOW BOTH INCLUSIVE AND EXCLUSIVE METHOD....THEREFORE CAN U PLZZ CLARIFY ON THIS ASPECT
CA PARAS BAFNA
(Practising CA )
(33428 Points)
Replied 06 November 2011
The assessee has an option in maintaining the books of account.
However, for determining the income under the head PGBP he has to follow Section 145A.
For example, in the books you may provide depreciation at the rates prescribed by the Companies Act, but in IT you have to take rates as per IT Act, likewise here also you have to recompute your profits in line with Section 145A.