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Allowance of Punitive charges paid to Railways for overloading of wagons?
Case Law Details
- Case Name
- Taurian Iron & Steel Co. Pvt. Ltd. Vs. Ad. CIT (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2006- 07
- Courts
- ITAT Mumbai
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Punitive charges paid by the assessee to Railways for overloading of the wagons is compensatory in nature, therefore, the same cannot be disallowed
Taurian Iron & Steel Co. Pvt. Ltd. Vs. Ad. CIT (ITAT Mumbai)- In the case of Haji Aziz And Abdul Shakoor Brothers (supra) it was held that fine paid to the Custom Authorities was in fact penalty u/s 167 (8C) of the Customs Act. It was held by the Hon’ble Apex Court that such penalties which are incurred by an assessee in proceedings launched against him for an infraction of the law cannot be called commercial losses incurred ...
If consinment loaded under capacity in rake according the rule uniform packing will be weighted only 5%out of 100%rendamly .unteralia we load same bag 1060/1010 according capacity our wheat always load in uniform and standard packing .at origin st wheat must be weight in supervision of reputed company and same at the time of unload.diff in rly weighbridge 90 m.ton and charged 562265rs same deposited by dd under protest a lettar given to Drm and copy to local st chief goods station.
May i can register any claim and may be refund the amount .This type of many cases in which railway charged by il legal way.i can chalange the said weighbridge certificate.
Pls legal advise .
Thanks
Sunilaggarwal
09871337292