Compounding fee for permissible deviation of building plan is allowable

Keerthi Estates (P) Ltd. Vs. DCIT (ITAT Hyderabad) The assessee has paid compounding fine to regularize the building plan. The payment of such compounding fine is penalty in the nature of an offence or which is prohibited by law. We have noticed that the decision on this count is divided among the various courts. The Hon’ble High Courts Karnataka and P&H have held the same as penalty in the nature of an offence. The other ITAT benches have given divergent views. In our considered view, the builders submit building plan for approval and based on the proposed plan, the Corporation/ Municip...