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Deduction of surcharge or cess not allowable as deduction u/s 40(a)(ii)
Case Law Details
- Case Name
- DCIT Vs Vinati Organics Ltd. (ITAT Pune)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2012-13
- Courts
- All ITAT, ITAT Mumbai
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DCIT Vs Vinati Organics Ltd. (ITAT Pune)
ITAT Pune held that surcharge or cess being part of income tax is not allowable as deduction under section 40(a)(ii) of the Income Tax Act.
Facts- The assessee has raised additional ground of appeal before CIT(A) that AO be directed to exclude the sale tax subsidy amounting to Rs. 1,49,39,458/- as capital receipt while computing the total income under the provisions of the Income Tax Act.
The assessee has also made additional claim of deduction in respect of education cess of Income Tax of Rs.67,83,793/- and education cess on dividend distribution tax o...




