Global Entropolis (Vizag) (P.) Ltd. v. ACIT (2019) 178 ITD 179 / 202 TTJ 384/ 183 DTR 297(Bang.)(Trib.)

S. 43B : Deductions on actual payment–Approval fee-Allowable only on actual payment–Provision is not allowable–Percentage completion method-Amount disallowed to be reduced from work in progress–Matter remanded. [S. 37 (1), 145]

Tribunal held that approval fee payable to the VUDA for renewal of construction plan and electricity license which was a State Government authority constituted to regulate development of city and large scale construction projects, fall under category of ‘fees’ u/S. 43B  hence  allowable on actual payment and not on the basis of provision.  The assessee contended that the assessee is following the percentage completion method hence the amount disallowed u/s 43B should be reduced from the work in progress. Tribunal remanded the issue for verification.    (AY.  2014-15, 2015-16)