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Issues involved: Appeal by Revenue u/s 260A of the IT Act against Tribunal's order regarding deduction of penalty paid to Electricity Board as capital expenditure.
Summary: 1. The appeal was filed by the Revenue under section 260A of the IT Act against the Tribunal's decision in favor of the assessee, who is a manufacturer of cycle parts, regarding the deduction of penalty paid to the Electricity Board for violating power regulations for the assessment year 1999-2000. 2. The AO disallowed the claim for penalty paid, but the CIT(A) allowed it, a decision upheld by the Tribunal. The Tribunal, after examining the nature of the payment, found it similar to a previous case and ruled in favor of the assessee based on the precedent set by the Hon'ble Punjab and Haryana High Court in CIT vs. Industrial Cables (India) Ltd. 3. The Tribunal's decision was based on the principle that payments incidental to business and not involving deliberate violation of law can be allowed as deductions on the grounds of commercial expediency. The Tribunal's ruling was in line with established legal precedents, including judgments by the Hon'ble Supreme Court in various cases. 4. As the Tribunal's decision aligned with previous court orders and no substantial question of law was found to arise, the High Court dismissed the appeal by the Revenue. Therefore, the High Court upheld the Tribunal's decision, emphasizing the importance of considering each case individually and applying the test of commercial expediency to determine the deductibility of such payments.
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