Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
VAT Liability Not Disallowable u/s 43B If Not Claimed As Deduction In Profit & Loss Account: ITAT
The ITAT (Income Tax Appellate Tribunal) held that VAT (Value Added Tax) liability is not disallowable under Section 40(a)(ii) of the Income Tax Act if it was not claimed as a deduction in the profit and loss account. Section 40(a)(ii) disallows certain taxes paid by the assessee. However, the tribunal clarified that if the VAT liability was not actually debited as an expense in the profit and loss account, it cannot be disallowed under this section. This ruling emphasizes the principle that disallowances under Section 40(a)(ii) are applicable only to taxes that were claimed as expenditure in the financial statements. The ITAT's decision provides clarity on the treatment of VAT liability for income tax purposes.