Mohmed Hasib Tajamul Shaikh Vs ITO
Parties Involved
Facts Summary
The assessee, Mohmed Hasib Tajamul Shaikh, filed an appeal against the order of the Commissioner of Income Tax (Appeals) for the Assessment Year 2017-18. The assessee raised grounds of appeal regarding the disallowance of unpaid service tax under Section 43B and the disallowance of deduction under Section 36(1)(va) due to delay in depositing employees' contribution towards PF and ESI. The assessee argued that no disallowance should be made as the service tax was not claimed in the Profit & Loss account and the delay in depositing employees' contribution did not cause any loss to the employees. The Department supported the orders of the lower authorities, stating that the assessee did not provide evidence to support their claims.…
Decision in favour of
Assessee
Legal Issues
- 1. Disallowance of unpaid service tax under Section 43B
- 2. Disallowance of deduction under Section 36(1)(va) due to delay in depositing employees' contribution
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
3 precedents cited in this judgement.
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