Interest Payment On Late Payment Of TDS Not Eligible For Deduction Under Business Expenditure: Delhi (ITAT)
The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has held that interest payment on late payment of TDS is not an eligible business expenditure for deduction and it is not compensatory in nature.
ITAT has observed that the payment of interest on late deposit of TDS levied u/s 201(1A) is neither an expenditure only and exclusively incurred for the purpose of the business nor a deduction under section 37(1) of the Income Tax Act 1961.
Further, there must be a loan on which interest is paid for claiming allowance u/s 36(1)(iii) of the Act. The existence of lender and borrower is a must in case of a loan transaction. Hence, it can be safely concluded that non-payment of taxes does not amount to the borrowing of capital from the Government, and hence interest paid for delayed deposit of taxes is not covered under section 36(1)(iii) of the Act.
The Section 37 is a residuary section that allows business expenditure in computing the taxable business income of an Assessee. Expenses allowed as deductions against Profits and Gains of Business or Profession are covered from Section 30 to 36 of the Act.
Section 37(1) provides that any expenditure incurred (except expenditure described in sections 30 to 36, capital expenditure or personal expenses of the assessee) , wholly and exclusively for the purposes of the business or profession shall be allowed in computing the income chargeable under the head , “Profits and Gains of Business or Profession” .
The Interest on late payment of TDS is not covered under Section 30-36 of the Act and thus qualifies for consideration u/s 37.
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The interest on late payment of TDS takes color from the nature of the levy with reference to which such interest is paid and the tax required to be but not paid in time, which rendered the assessee liable for payment of interest was in the nature of a direct tax and similar to the income-tax payable under the Income-tax Act. The interest paid under Section 201(1A) of the Act, therefore, would not assume the character of business expenditure and cannot be regarded as a compensatory payment.
The Hon’ble Madras High Court in CIT Vs. Chennai Properties & Investment Ltd . (1999) 239 ITR 435 (Mad .) has held that interest under section 201(1A) paid by the assessee does not assume the character of business expenditure and also cannot be regarded as compensatory payment.
Hence, we have no hesitation to hold that interest payment on late payment o f TDS is not eligible business expenditure for deduction and it is not compensatory in nature. Payment of interest on late deposit o f TDS levied u/s 201(1A) is neither an expenditure only and exclusively incurred for the purpose of the business and therefore the same is not allowable as deduction u/s 37(1) of the Act.
Therefore, the disallowance made by the AO is hereby con firmed . The ground o f appeal is dismissed .
Case Title: Universal Energies Ltd. Versus DCIT Citation: ITA No. 2761/Del/2018 Dated: 26.07.2022