Service tax deposited with penalty

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Vishnu Bargoti (Querist)
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02 February 2013 Service Tax deposited with penalty for previous years in current previous years is allowable under income tax. Please also give reference of any case law or section.

CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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02 February 2013 Being compensatory in nature, it is allowable under The Income-tax act.
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Vishnu Bargoti

Vishnu Bargoti (Querist)
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11 February 2013 It is penalty under section 78 of the service tax act. Whether it is allowable under the income tax act.Please tell me any case law or section of the IT Act

CA PARAS BAFNA

CA PARAS BAFNA (Expert)
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12 February 2013 You may refer the cases which are in connection with the penalties under different Statutes, however, reliance may be
placed in connection with Service Tax also-

1. CIT V Catholic Syrian Bank
2. CIT V H P Forest Corporation(2010)320 ITR 170(HP)
3. GOLDCREST CAPITAL MARKET LTD. v ITO (2010) 36 DTR 177 (MUM)

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