Penality allowed or not ,as expense

Respected professionals
Please tell me if some one paid gst penality like for expiry of e-way bill ,is allowed as a business expense or not .Because we made a appeal against it and win the case. so in my opinion it is not in the nature of penality for us .
Thanks in Advance
Replies (3)
Quick Summary
This discussion explores whether GST penalties, such as those incurred for e-way bill expiry, can be treated as a business expense. If an appeal against the penalty is won, the amount is typically refunded or transferred to a ledger, meaning it's not considered an expense and therefore not subject to disallowance. However, if the appeal is lost, GST penalties are generally disallowed as an expense according to tax regulations.

In case you won the appeal then it will be either refund to your bank account or might transfer to your cash ledger account, in both the cases it will not become part of your expenses thus there will be no question of disallowing aruse. If understand your question correctly then this will be my point oof view.
Agree with the above answer.

However, if you had lost the appeal...penalty on GST would have been disallowed as per explanation 1 to Section 37.
Actually we not claim that amount due some issues because, department said the amount will be credit to the account of driver. so can we claim as expense

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
Featured 18 July 2026
Senior Manager- Finance & Accounts

apricus india

Ahmedabad

CA

View Details
Company
ARTICLESHIP 10 July 2026
Article Assistant

N S Gokhale & Co

Thane

CA Inter

View Details
Company
Featured 18 July 2026
CA Articleship

apricus india

Mumbai

CA Inter

View Details
Company
05 July 2026
Financial Controller

NovumLake Partners

Mumbai

CA

View Details
Company
16 July 2026
CA Inter, CA Intermediate, CA IPCC, CA CPT , CA SemiQualifie

Vakilsearch.com

Chennai

CA Inter

View Details
Company
ARTICLESHIP 16 July 2026
Article Assistant

Sahil Agarwal & Company

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 23 July 2026
Article

Gianender & Associates

New Delhi

CA Inter

View Details
Company
21 July 2026
Chartered Accountant

Keshri & Associates

Thiruvananthapuram

CA

View Details
Follow