DCIT, New Delhi vs. M/S. Central Warehousing Corp., New Delhi
In the result, all the appeals filed by the Revenue, i
ITA 5784/DEL/2014[2010-11]Status: DisposedITAT Delhi31 May 2021AY 2010-11
Bench: Shri O.P. Kant, Accountantmember & Shri K.N. Chary[Through Video Conferencing]
Section 139(5)Section 143(1)Section 36
…for purchase of capital asset after commencement of business is allowable u/s 37(1) of the Act as the interest paid was not in the nature of penalty for infraction of law. 5.9.5 However, in ACIT V. Bhanvi Agro (P) Ltd. (2012) 32 CCH 288 Jodhpur Trib: (2012) 51 SOT 182 (Jodh) (URO), it has been held that compounding fee under Sales Tax Act, debited to the A/c ‘Sales Tax' is not allowable as amount paid for infraction of law is not allowable u/s 37(1) of the Act. 5.9.6 Therefore, under the provision of Explanation to section 37(1) of the Act, the expenditure incurred for any purposes, which is an offence or whic…