Ahmedabad ITAT invokes
Explanation 1 to Sec. 37(1), disallows cost of production of goods incurred by
assessee (manufacturer of pan masala) which were found to containing magnesium
carbonate, a known carcinogenic substance, in excess of permissible limits;
ITAT notes that in terms of a court order under the Prevention of
Food Adulteration Act, the goods had to be destroyed, thus holds that
expenditure for making this product was something "prohibited by
law"; Observes that "Pan masala is a controversial product and,
even when it is manufactured within the permissible legal norms, it is
considered to be responsible for oral cancer and other severe ill effects
on health. In the present case, the assessee has gone even further against
the public interests", thus holds expenditure on manufacturing such
products whether deliberately or inadvertently, cannot be allowed as deduction;
Rejects assessee’s contention that no penalty, etc. was imposed on it, observes
that "... as long as the expenditure is incurred for a
purpose which is prohibited by law, it is immaterial whether the said act
of the assessee constitutes an offence or not"; Further remarks
that "What is even more disturbing is the indifferent attitude
to the assessee to the possible damage their products could have caused,
and, without any remorse or regret in his conduct, claim business
deduction of expenses incurred ...":ITAT
Subscribe to:
Post Comments (Atom)
Is Opting for Section 115BAA Like a Life Sentence? Debunking the Myth
The introduction of Section 115BAA under the Income Tax Act, 1961 offered a lucrative flat tax rate for domestic companies in exchange for f...
-
Section Particulars TDS Rate Individual/ HUF (Indian Resident)(in %) TDS Rate for (NRI) in India (in %) ...
-
In this post, I will discuss Secretarial Standards related to Proxies under SS – 2. Right to Appoint: A Member entitled to attend and ...
-
Slump sale is transfer of one or more business undertakings for a lump sum consideration, without assigning individual values to the each...
-
Particulars in Part 1 and Part 2 of Step-2 of registration form are required to be exactly the same as reported in the TDS statement. Plea...
-
This Tax Alert summarizes the recent Notification [1] and Circular [2] issued by Central Board of Indirect Taxes and Customs (CBIC) addr...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
· SC dismisses SLP to hold that capital reduction leads to transfer of shares and exigible to capital gains taxation
-
The circular of the Board dt. 28.06.1965 No. 17 (XL-36), provides for inspection fees and fees for certified copies of assessment and...
-
Key Points Article 13: Capital Gains Taxation Article 13(4): Exempts capital gains from taxation in India for residen...
-
Regulatory Updates: Customs Regulations: The DGFT revised the Handbook of Procedures for the General Authorization for Export after Repair...
No comments:
Post a Comment