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Income Tax - Highlights / Catch Notes

Home Highlights May 2019 Year 2019 This

Disallowance u/s 43B - nomination charges paid to the State ...


Section 43B Disallowance Not Applicable: Nomination Charges as Lease Payments, Not Statutory Levies per Tamil Nadu Rules.

May 22, 2019

Case Laws     Income Tax     HC

Disallowance u/s 43B - nomination charges paid to the State Government at the rate of 10% of the turnover of granite blocks - It is simply a contractual payment of lease rental specified by the State Government being the Lessor - A mere reference of the statute, ie., Rule 8-C(7) of the Tamil Nadu Minor Mineral Concession Rules, 1959, does not make it a statutory levy, in the realm of 'tax, duty, cess or fees' - no disallowance u/s 43B

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