int on tds and vat allowable or not
This query is : Open
22 June 2016
hi experts
i want to know interest paid on delayed deposit of TDS and vat is allowable in IT act or not if it is not then under which section
thanx in advance
22 June 2016
Interest on TDS is levied under section 201(1A) of the Income tax Act,1961. The
said expenditure will not be allowed as a business expenditure.
Citation: Madras high court decision
in CIT V Chennai Properties & Investments Ltd reported in 239 ITR 435
said expenditure will not be allowed as a business expenditure.
Citation: Madras high court decision
in CIT V Chennai Properties & Investments Ltd reported in 239 ITR 435
22 June 2016
Interest on late payment of VAT is compensatory in nature and hence allowable as business expenditure.
In 'Lachmandas Mathuradas V. Commissioner of Income Tax' - 2008 -TMI - 6074 - Supreme Court the question before the apex court was whether interest paid on arrears of sales tax is penal or compensatory. The apex court held that the said amount was an allowable deduction since it was compensatory in nature.
Also refer the following article in this regard--
https://www.taxmanagementindia.com/visitor/detail_article.asp?ArticleID=788
In 'Lachmandas Mathuradas V. Commissioner of Income Tax' - 2008 -TMI - 6074 - Supreme Court the question before the apex court was whether interest paid on arrears of sales tax is penal or compensatory. The apex court held that the said amount was an allowable deduction since it was compensatory in nature.
Also refer the following article in this regard--
https://www.taxmanagementindia.com/visitor/detail_article.asp?ArticleID=788
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