Premier Irrigation Adritec (P.) Ltd. v. ACIT (2023) 199 ITD 342 /222 TTJ 732 (Kol) (Trib.)

S. 37(1) : Business expenditure-Interest payment on delayed deposit of Income-tax-Not an allowable expenditure.

The  Assessing Officer held that  payment of interest on delayed deposit of TDS was not an allowable deduction and accordingly disallowed  expenditure. Tribunal held  once, deductee pays due taxes, deductor is absolved from said tax liability but not of interest liability on delayed payment. Allowing of such interest payment on delayed deposit of TDS as deduction would defeat very purpose of TDS provisions ensuring deduction of taxes from income of recipient and payment/deposit thereof with Central Government within due time. Therefore, interest payment on delayed deposit of Income-tax, whether TDS or otherwise, was not an allowable expenditure. (AY. 2014-15)