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2017 (5) TMI 1675 - AT - Income TaxClaim of expenses on interest paid on delayed payment of TDS as business income - Interest paid on delayed payment of TDS - AO noted that this amount is incurred on delayed payment of TDS and TDS being tax on income and same cannot be allowed as business expenditure under section 37(1) - HELD THAT - We find that the facts are undisputed that the assessee has claimed interest as expense incurred for delayed payment of TDS. We find that this interest is paid for default in respect to statutory liabilities and this interest cannot be treated as business expenditure under section 37(1) of the Act. We find no infirmity in the order of CIT(A) and hence the same is confirmed. The appeal of assessee is dismissed.
Issues: Disallowance of expenses on interest paid on delayed payment of TDS as business income.
Analysis: 1. The appeal pertains to the disallowance of expenses on interest paid on delayed TDS payment as business income. The Assessing Officer (AO) disallowed the claim of ?73,923 as business expenditure under section 37(1) of the Income Tax Act, 1961. 2. The AO observed that the interest on delayed TDS payment, being a tax on income, cannot be considered a business expenditure. The AO required the assessee to justify why the amount should not be disallowed. The assessee contended that the TDS was related to payments to traders and was for business purposes. 3. The AO maintained the disallowance, stating that the interest paid for delayed TDS payment, being a statutory liability default, does not qualify as a business expense. The CIT(A) upheld the AO's decision, emphasizing that such expenses were unrelated to preserving or promoting the business. 4. The Tribunal concurred with the lower authorities, affirming that the interest paid on delayed TDS payment cannot be treated as a business expenditure under section 37(1) of the Act. The Tribunal found no error in the CIT(A)'s order and dismissed the assessee's appeal. 5. The Tribunal pronounced the order on 31-05-2017, ultimately dismissing the appeal of the assessee.
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