Income Tax exp.

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one of my client had case with PSPCL going on for 2017-18, which he lost in current financial year.
he deposited some amount in FY 2020-21, and balance paid in current financial year with interest and penalty.
Can we claim amount deposited in 20-21 as an expense and further balance interest and electriciry amount in balance sheet of fy 20-21, as case is finalised now and we can easily determine the provision amount.
and whether such amount will be considered as prior period expenditure and can we claim amount paid in penalty as expenditure
Replies (1)

Hey Anmol, here’s how the tax treatment would generally work for your client’s case with PSPCL:


Facts Recap:

  • Dispute related to FY 2017-18 with PSPCL.

  • Client deposited some amount in FY 2020-21.

  • Balance amount along with interest and penalty paid in the current FY (case finalized now).

  • Query on claiming amounts in FY 2020-21 accounts.

  • Query on prior period expenses and penalty treatment.


Tax Accounting & Claiming Expenses:

  1. Amount deposited in FY 2020-21:

    • If the amount deposited was towards electricity charges billed for earlier years (2017-18), then it relates to past period expenses.

    • Since the liability arose in FY 2017-18, this amount should ideally be shown as a prior period expense in the year when the liability is crystallized (current FY when the case is finalized).

    • However, if the client followed accrual accounting and created a provision or contingent liability earlier, then the expense might have been recognized earlier.

    • If no provision was made before, then as per accounting principles and Income Tax, the entire expense (including amounts deposited earlier) should be taken in the current year as prior period expenses (under the head “Exceptional/Extraordinary items” or “Prior Period Expenses”).

  2. Balance amount along with interest and penalty paid in the current FY:

    • The balance principal amount should also be charged as prior period expense (since relates to FY 2017-18).

    • Interest portion paid is allowable as business expenditure as it is a finance cost.

    • Penalty paid to PSPCL is generally not allowed as a deductible expense under Income Tax Act, because penalty is a punishment for breach of law.


Summary Table:

Amount Treatment Tax Deductible?
Amount deposited in 2020-21 Prior period expense in current FY if no provision was created earlier Deductible
Balance amount paid now Prior period expense in current FY Deductible
Interest paid Finance cost expense Deductible
Penalty paid Not deductible Not Deductible (usually)

Important Notes:

  • This treatment assumes the client follows accrual accounting.

  • Disclosure of prior period expenses in the financial statements is necessary.

  • Penalty payments are generally disallowed as per section 37(1) unless proven otherwise.

  • For Income Tax purposes, you can claim deduction of expenses only if they are wholly and exclusively for business and not penalties or fines.

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