9911796707
|
Home
Issues:
1. Interpretation of penalties as interest for late payment of tax. 2. Deductibility of forwarding and freight charges as business expenditure. Interpretation of Penalties: The court addressed whether penalties for non-payment of sales tax could be treated as interest for late tax payment and if such penalties were allowable as business expenditure. Referring to a previous judgment, the court ruled against the Revenue, stating that the penalties did not qualify as interest and were not deductible. Deductibility of Forwarding and Freight Charges: The case involved an expenditure of Rs. 7,32,260 paid for exporting steel drums to Zambia. The Income-tax Officer disallowed the claim, but the Appellate Assistant Commissioner allowed a portion of it. The Tribunal found that the payment was made to a sister concern that assisted in the export, and taxes were paid on the income earned. The court held that the entire claim was allowable as a deduction, emphasizing that the assistance provided by the sister concern was legitimate and the expenditure was incurred for business purposes. The court rejected the Revenue's argument that the difference between the actual expenditure and the claimed amount was not a business expense, stating that the involvement of the sister concern was crucial in justifying the deduction. The court ruled in favor of the assessee, allowing the full deduction of the forwarding and freight charges.
|
