luxury tax - Disallowance

This query is : Resolved 

22 June 2008 Whether luxury tax which was short collected from the customers and paid by the company based on an assessement order and charged to P&L A/c - disallowed

Whether such tax comes under the ambit of provisons of Sec 40 a

22 June 2008 if it is not of penal nature,then it is allowable but subject to sec 43B.
if it is paid as penalty,then not allowable.

22 June 2008 The luxury tax is paid during 2007-08 towrads asst., order for short payment during 2005-06 which could not be collected from the customers


So., it does not satisfy 43B - So., can it be said that - it is disallowed


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