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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).
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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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