Education Cess, not being capital & personal expenditure, is allowable as deduction U/s. 37

Qualcomm India Pvt. Ltd. Vs Addl. CIT (ITAT Delhi)

Facts- The assessee argued that education cess paid on Income Tax doesn’t come under the purview of the definition as it is levied on the amount of Income Tax but not on profits of business.

Conclusion- Education Cess is not in the nature of capital expenditure, Education Cess is not personal expense of the assessee, it is mandatory for it to pay Education Cess and for the purpose of computation of Educa

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