Hindustan Coca Cola Beverages (P.) Ltd. v. Add. CIT (2025) 122 ITR 290 (Delhi)(Trib.)

S. 37(1): Business expenditure-Penalty for violation of law-Seizure of truck with wrong waybill-Not allowable.[Expln. 1 to S. 37(1), GST, VAT]

Penalty paid under the State VAT law on account of seizure of a truck carrying goods with an incorrect waybill was claimed as business expenditure. The Tribunal held that expenditure incurred for infringement of law is hit by Explanation 1 to section 37(1) and is not deductible. However, liberty was granted to the assessee to seek rectification if the penalty was subsequently held to be compensatory in nature. (AY. 2015-16).

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