Deposit of sales tax in objection

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

25 September 2014 Assessee has deposited 10% of total sales tax demands in objection filed with VATO.
whether this amount is allowable expense.

Rajnish Singh

Rajnish Singh (Expert)
Follow

25 September 2014 If Assesse has deposited 10% of total Vat Demand except Interest and Penalties. than it is allowable .

Interest and penalties part is not allowable expense.

Querist : Anonymous

Querist : Anonymous (Querist)

25 September 2014 Demand includes interest and penalty. i think interest paid on sales tax is allowable because of compensatory nature. penalty is not allowable (penal nature).

It is difficult to bifurcate the interest and penalty amount.

what to do in such situation.

Upgrade to CAclubindia Pro. Subscribe Now!

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
Follow

21 July 2024 In the scenario you've described, where an assessee has deposited 10% of the total sales tax demands in objection filed with the VATO (VAT Officer), the tax treatment of this deposit as an allowable expense depends on whether it relates to interest, penalty, or both. Here’s a breakdown of how you can approach the situation:

1. **Interest on Sales Tax**: Interest paid on sales tax is generally considered an allowable expense because it is of a compensatory nature. Compensatory expenses are those incurred to compensate the government for the delayed payment of tax. Therefore, any amount paid towards interest component of the sales tax demand would typically qualify as an allowable expense.

2. **Penalty on Sales Tax**: On the other hand, penalties imposed on sales tax are of a penal nature and are generally not allowed as a deduction for income tax purposes. Penalties are punitive measures levied for non-compliance or delayed compliance with tax laws and are not considered to be incurred wholly and exclusively for the purpose of business.

3. **Bifurcation of Amounts**: Since you mentioned it's difficult to bifurcate the interest and penalty amounts within the total deposit made (10% of total sales tax demands), a prudent approach would be to seek clarification or documentation from the VATO or other relevant authorities. This documentation could specify the breakdown of how the deposited amount is allocated between interest and penalty components.

4. **Allowability as an Expense**: Once you have clarity on the breakdown:
- **Interest Component**: If a portion of the deposit is confirmed to be interest on sales tax, you can treat that specific amount as an allowable expense in your tax filings.
- **Penalty Component**: The portion attributable to penalty should be excluded from allowable expenses.

5. **Documentation and Record-keeping**: It’s crucial to maintain proper documentation of the deposit made, along with any correspondence or documentation received from the VATO. This will serve as evidence to support the treatment of interest as an allowable expense.

6. **Consultation with Tax Advisor**: Given the complexity and the specific nature of tax laws, especially relating to sales tax demands and their treatment under income tax rules, consulting with a tax advisor or chartered accountant would be advisable. They can review the details of your case, help interpret the tax laws correctly, and ensure compliance with reporting requirements.

In summary, while interest on sales tax demands is generally allowable as an expense, penalties are not. Ensure you have documentation to support the breakdown of the deposit between interest and penalty components, and seek professional advice if needed to navigate this situation effectively.