Whether amount of sales tax liability converted into loans may be allowed as deduction in assessment for previous year in which such conversion has been permitted by or under Government orders
Circular No. 496 was issued by the Central Board of Direct Taxes on 25 September 1987. Its subject is Whether amount of sales tax liability converted into loans may be allowed as deduction in assessment for previous year in which such conversion has been permitted by or under Government orders.
Accepts that sales tax deferred under a State incentive scheme can be treated as actually paid for section 43B, but only where the State has amended its sales tax law to deem it so. Under these schemes eligible units in backward areas collect sales tax and retain it for a prescribed period before paying it over. Section 43B allows a deduction for tax or duty only in the previous year of actual payment, so deferring units were losing the deduction. The Ministry of Law advised that a deeming provision in the State Sales Tax Act, that the deferred sales tax shall be treated as actually paid, would satisfy section 43B, and the Board has decided that where such an amendment is made the statutory liability is to be treated as discharged for section 43B. It records that Maharashtra made such an amendment by the Bombay Sales Tax (Amendment) Act, 1987.
Representations came from various State Governments and others that deferred sales tax should be outside section 43B, because the section was diluting the incentive the deferral schemes were meant to give.
Whether amount of sales tax liability converted into loans may be allowed as deduction in assessment for previous year in which such conversion has been permitted by or under Government orders
1. Several State Governments have introduced sales tax deferred schemes as a part of the incentives offered to entrepreneurs setting up industries in backward areas. Under these schemes, eligible units are permitted to collect sales tax and retain such tax for a prescribed period. After this period, the sales tax is to be paid to the Government either in lump sum or in instalments.
2. Section 43B of the Income-tax Act, 1961, introduced by the Finance Act, 1983, with effect from 1-4-1984 provides, inter alia, that a deduction in respect of any sum payable by the assessee by way of tax or duty under any law for the time being in force shall be allowed from the income of the previous year in which such sum is actually paid irrespective of the previous year in which the liability to pay such sum was incurred. Since the introduction of this provision, the assessees who collect sales tax, but do not pay the amounts to the Government during the previous year, under the deferral schemes provided by the State Governments are not entitled to the benefit of deduction from their income.
3. Representations have been received from various State Governments and others that cases of deferred sales tax payments should be excluded from the purview of section 43B as the operation of this provision has the effect of diluting the incentive offered by the deferral schemes.
4. The matter has been examined in consultation with the Ministry of Law and the various State Governments. The Ministry of Law has opined that if the State Governments make an amendment in the Sales Tax Act to the effect the sales tax deferred under the scheme shall be treated as actually paid, such a deeming provision will meet the requirements of section 43B.
5. The Government of Maharashtra have by the Bombay Sales Tax (Amendment) Act, 1987, made the amendment accordingly. The Board have decided that where amendments are made in the sales tax laws on these lines, the statutory liability shall be treated to have been discharged for the purposes of section 43B.
Circular : No. 496 [F. No. 201/34/86-IT(A-II)], dated 25-9-1987
In a scrutiny assessment where deferred sales tax collected but not paid over is added back under section 43B, and in the appeal on that addition.
Source: the Income Tax Department’s own published text — its page for this instrument.
