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Demmurage Charges

This query is : Resolved 
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(Querist)
04 September 2009 Whether demmurage charges levied by Mumbai International Airpot Pvt Ltd for late clearing of goods is allowable expense under income tax act?
If not is it a penalty or fine as per Income Tax Act?
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Shyam Lal Naik

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Shyam Lal Naik (Expert)
04 September 2009 Allowable Expenditure.

Even if it is held to be penalty or fine, all penalty incurred in the normal course of business is an allowable expenditure. This has been so held by the ITAT in a recent case involving over/under loading of coal into wagons by Western Coalfields Limited.
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Late CA Sampat Jain

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Late CA Sampat Jain (Expert)
04 September 2009 demmurage charges levied by Mumbai International Airpot Pvt Ltd is borne out of commercial contract and if for violation of contract ..........its not an offence ...........hence allowable
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CA CHINTAN AJMERA

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CA CHINTAN AJMERA (Expert)
04 September 2009 Allowable Expenses
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