Secondary & higher education cess deductible as business expenditure

Aptean India Pvt. Ltd. Vs DCIT (ITAT Bangalore)

Assessee submitted that’s education says and secondary and higher education cess has been duly discharged by assessee while computing tax liability under normal provisions of income tax act. Placing reliance on following decisions Ld.AR submitted that ‘cess’ is deductible as business expenditure under section 37(1) of the Act for determining the assessed income for year under consideration and that this view is upheld in following decisions:

• Sesa Goa Ltd. vs. Joint Commissioner of Income-tax. 1(2020) 117 com 96 (Bombay High Court)]
• Reckitt Benckiser (I) Pvt. Ltd. vs. Deputy Commissioner of Income-tax [(2020) 117 com 519 (Kolkata Tribunal)]

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