ITAT Delhi Upholds Education Cess Non-deductible Under Sections 37 & 40(a)(ii)

Maral Overseas Ltd Vs DCIT (ITAT Delhi)

Introduction: In a significant ruling by the Income Tax Appellate Tribunal (ITAT) Delhi in the case of Maral Overseas Ltd Vs Deputy Commissioner of Income Tax (DCIT), it was stated that payment of education cess cannot be considered as an expenditure under Sections 37 and 40(a)(ii) of the Income Tax Act. The ITAT Delhi upheld the earlier decision of the Commissioner of Income Tax (Appeals) rejecting the claim of the assessee, Maral Overseas Ltd, regarding the deduction of education cess.

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