Fees paid for late filing whether allowed as expense

Pawan Mittal (CA Final) (711 Points)

28 March 2013  

Dear experts

Whether fees paid u/s 234E for late filing of TDS return is allowed as an expense while calculating income tax.

As per section 234E the person in failing to furnish TDS /TCS statement, within the specified time limit, shall be liable to pay a fee of RS. 200 for every day of delay.

There is no word used as interest/penalty/fine. So in my opinion it should be a deductible expense under the head business and profession.