Microsec Insurance Brokers Ltd., Kolkata vs. ITO, WD-7(1), Kolkata
In the result, the appeal of the assessee is allowed
ITA 1345/KOL/2016[2010-2011]Status: DisposedITAT Kolkata24 May 2018AY 2010-2011
Bench: Shri P.M. Jagtap, Am] I.T.A. No. 1345/Kol/2016 Assessment Year: 2010-11 Microsec Insurance Brokers Ltd.................................………………………………………Appellant Shivam Chambers, 53, Syed Amir Ali Avenue, Kolkata – 700 019. [Pan: Aadcm 3059 K] Ito Ward 7(1) Kolkata...................……………………………………………....................Respondent Aayakar Bhawan, P-7, Chowringhee Square, Kolkata – 700 069. Appearances By: Shri Akkal Dudhwewala, Advocate Appearing On Behalf Of The Assessee. Shri Alok Nag, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : April 09, 2018 Date Of Pronouncing The Order : May 24, 2018 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) – 18, Kolkata Dated 15.04.2016 & The Solitary Issue Involved Therein Relates To The Disallowance Of Rs. 5,00,000/- Made By The A.O. & Confirmed By The Ld. Cit(A) On Account Of Penalty Charges Paid To Insurance Regularly & Development Authority “(Irda)”.
Section 143(3)
…2010-11 Microsec Insurance Brokers Ltd. of the case also make it clear that penalty of Rs. 5,00,000/- was not compensatory in nature and rather it has been levied for infringement of statutory regulations framed by IRDA. In the case of CIT vs Syndicate Bank 261 ITR 528, Hon’ble Karnataka High Court has held that payments made for infringement of Banking Regulations Act are not allowable. In view of the judgment of the Hon’ble Supreme Court in the case of Prakash Cotton Mills Pvt. Ltd. and the judgment of Karnataka High Court in the case of Syndicate Bank, penalty of Rs. 5,00,000/- paid by the assessee for viola…