Whether exp related to p.y incurred in c.y. allowable
This query is : Resolved
CA Pramod Jain
(Querist)
05 June 2013
Company has paid vat liability for the previous year 2008-09 Rs.554000/- + Interest Rs.65000/- on 25.05.2012. Whether same is allowable expenses under it act.
07 June 2013
Interest is allowable expense as per section 37(1) read with sec 43B of the Income Tax Act.
A decision of the Supreme Court in Lachmandas Mathuradas vs CIT 254 ITR 799 (SC) reiterated that interest on arrears of sales-tax or outstanding balance of sales tax is not penal but is compensatory in nature and an allowable tax deduction.
Also refer to https://taxguru.in/income-tax-case-laws/prior-period-expenses-allowable.html.
A decision of the Supreme Court in Lachmandas Mathuradas vs CIT 254 ITR 799 (SC) reiterated that interest on arrears of sales-tax or outstanding balance of sales tax is not penal but is compensatory in nature and an allowable tax deduction.
Also refer to https://taxguru.in/income-tax-case-laws/prior-period-expenses-allowable.html.
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