GOURI SHANKAR JAIN (HUF),KOLKATA vs. ITO,WARD-32(1)., KOLKATA
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the amount paid was not a penalty for an offence but interest on delayed payments to IOC Ltd., which is a normal business practice. Therefore, it is an allowable business expenditure under Section 37(1).
What were the facts?
The assessee, a HUF, debited Rs. 31,156/- as penalty paid to IOC Ltd. in its income tax return. The Assessing Officer disallowed this amount under Section 37(1) of the Income Tax Act, treating it as a penalty. The CIT(A) confirmed this disallowance.
What were the issues?
Whether interest paid on delayed payments to a supplier (IOC Ltd.) is an allowable business expenditure under Section 37(1) or a non-allowable penalty.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “SMC” BENCH, KOLKATA
Before: DR. MANISH BORAD, HON’BLE & SHRI SONJOY SARMA, HON’BLE
O R D E R
PER DR. MANISH BORAD, ACCOUNTANT MEMBER :
The above captioned appeal is directed at the instance of the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter the “ld. CIT(A)”) dt. 19/01/2023, passed u/s 250 of the Income Tax Act, 1961 (“the Act”) for the Assessment Year 2014-15.
The sole grievance of the assessee is that the ld. CIT(A) erred in confirming the disallowance of Rs.31,156/- u/s 37(1) of the Act treating the same as penalty given to M/s. Indian Oil Corporation Ltd. (IOC Ltd.).
We have heard rival contentions and perused the record placed before us. The assessee is a HUF engaged in business. Income of Rs.15,08,400/- declared in the Income-tax return for Assessment Year 2014-15 filed on 29/11/2014. During the course of assessment
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