Conversion charges payable to mcd

This query is : Resolved 

12 September 2015 Conversion Charges payable to MCD whether covered under section 43B ?

12 September 2015 It is a statutory payment and hence it is covered in clause (a) of Section 43B of the Income Tax Act.

15 September 2015 After posting my querry I laid my hands on Delhi Tribunal Judgement in the case of Baljeet Singh, New Delhi vs Department Of Income Tax delivered on 6 May, 2015. Tribunal decided that the conversion charges are not tax, duty, cess and fee. Hence not covered under section 43B of I.T. Act.1961.


15 September 2015 That is correct.... still it is always fluid as what is tax or duty or fee of cess.
Recently in CIT v. Travancore Sugar Chemicals (SC) decided that even if "vend fee" is not a fee then also it is covered under the expression "whatever name it is called" and covered under Section 43B. Even electricity duty was held to be covered in ACIT v. Kerala Electricity authority.
In such fluid areas of law, it is better to avoid unnecessary disputes.



You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

Join CCI Pro
CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries