Interest paid on delayed payment of statutory dues

943 views 2 replies

hi all,

i've a doubt reg sec37 of income tax .

the provision says 

[Explanation.—For the removal of doubts, it is hereby declared that any expenditure incurred by an assessee for any purpose which is an offence or which is prohibited by law shall not be deemed to have been incurred for the purpose of business or profession and no deduction or allowance shall be made in respect of such expenditure.]” 

Thus my doubt is whethere Interest paid on delayed payment of statutory dues can be treated as offence or prohibition of law and then disallow the same ? Or i have read in so many forums in CACLUBINDIA stating it can be allowed.

 

Please Clarify with case law or sections .

Thanks in advance.

Replies (2)

Interest paid under any other law is allowed because you are paying interest as a compensation for not paying the sums due on time.However interet paid under income tax Act is not allowed 

Even certain penalties can be allowed IF they are in nature of compensation, eg penalty for breach of contract.

See- Malwa Vanaspati & chemicals Co. SC

 

Thank u @ Z :)

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
24 June 2026
Senior Account (VA Client Operations)

Karbon Business

Bengaluru

CA Inter

View Details
Company
ARTICLESHIP 30 June 2026
Taxation Content Writer Intern

Interactive Media Pvt Ltd.

New Delhi

CA Inter

View Details
Company
06 July 2026
Accountant

Agarwal Anoop and Associates

Noida

CA Final

View Details
Company
ARTICLESHIP 30 June 2026
Article Assistant or Paid Assistant

VIKAS VERMA & CO

New Delhi

Others

View Details
Company
25 June 2026
AUDIT MANAGER

JDAS & ASSOCIATES

New Delhi

CA

View Details
Company
20 June 2026
Assistant Accounts Manager

Fintax Professionals

Gurgaon

CA Inter

View Details
Company
ARTICLESHIP 27 June 2026
CA Articled Trainee And Paid Assistant

SKAA & Associates

New Delhi

CA Inter

View Details
Company
19 June 2026
Accounts Executive

Getfive Advisors Pvt. Ltd.

Ahmedabad

CA Inter

View Details