On appeal, held that on perusal of the provisions of the Finance Act, 2004 and the Finance Act, 2011 would show that they specifically provide that “education cess” is an additional surcharge levied on the Income-tax. Therefore, the additional surcharge is part of the Income-tax and not deductible. (AY. 2012-13)
Kanoria Chemicals and Industries Ltd. v. ACIT (2021) 91 ITR 82 (SN) (2022) 210 DTR 279 (Kol.)(Trib.)
S. 40(a)(ii) : Amounts not deductible-Rates or tax-Education Cess-Additional surcharge levied on Income-tax-Not deductible.