The Tax Publishers2021 TaxPub(DT) 1246 (Pune-Trib)

INCOME TAX ACT, 1961

Section 37(1) Section 40(a)(ii)

Education cess was not disallowable under section 40(a)(ii) and, therefore, deduction was allowable under section 37(1).

Business expenditure - Allowability - Education cess -

Assessee claimed deduction of education cess on income-tax paid for the year. AO disallowed deduction in view of section 40(a)(ii). Held: Education cess was not disallowable under section 40(a)(ii) and, therefore, deduction was allowable under section 37(1).

Followed:Chembal Fertilizers Ltd. and Another v. JCIT and Another (2018) 102 CCH 202 Raj.-HC, SESA Goa Limited v. Jt. CIT, Tax Appeal No. 17 of 2013, 18 of 2013 : 2020 TaxPub(DT) 1546 (Bom-HC).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2010-11 & 2011-12


INCOME TAX ACT, 1961

Section 92C

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