Interest paid on statutory dues

Tax queries 3370 views 2 replies

Hi All,

Please let me know which are the following are allowable expenses for calculation of Income Tax

1)Interest paid on late payment of Service Tax

2) Penalty paid for late payment of Service Tax,

3) Interest paid for late payment of Professional Tax

4) Penalty paid for late payment of Professional tax,

5) Interest paid on PF for Late deposit / payment  of PF amount with the Department

6) Interest paid on TDS for Late deposit / payment.

As per my information Sec. 40(a) dissallows Income Tax, Wealth Tax and Fringe Benefit taxes and any interest paid on such taxes.

And also penalties mentioned above for Service Tax and PT are not the penalties imposed by the respective Departments. It is paid as per the provissions for Late payment of Dues.

Please help me on this, because every year our company is paying huge interests on the above.

 

 

 

Replies (2)

penalty is not allowable 

Interest is allowable

for all

In certain cases penalty can be allowed if the same can be proved that it is not penal in nature. The reverse of the same is applicable for disallowing the interest aswell. Thus the nature and not the nomenclature will determine the issue.


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