Tax or surcharge are outside the scope & ambit of S. 40(a)(iib)(A) and S. 40(a)(iib)(B): SC

Kerala State Beverages Manufacturing &  Marketing Corporation Ltd. Vs ACIT (Supreme Court of India)

So far as surcharge on sales tax is concerned, the High Court has held in favour of KSBC and against the revenue. The reasoning of the High Court is that surcharge on sales tax is a tax and Section 40(a) (iib) does not contemplate ‘tax’ and surcharge on sales tax is not a ‘fee’ or a ‘charge’. Therefore, High Court was of the view that surcharge levied on KSBC does not attract Section 40(a)(iib) of the Ac

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