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Issue ID: 120547
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GST, Interest & Penalty paid during Search

Date 11 Oct 2025
Replies 2 Replies
Views 1838 Views
GST demand treatment may be non-deductible deferred revenue expenditure when tied to suppressed turnover and disallowed input tax.
Whether a GST demand and associated interest and penalty raised during a search and relating to prior periods is deductible in the year of payment depends on whether the liability arises from suppressed turnover or reversal of ineligible input tax credit under section 17(5); amounts representing principal tax liability for earlier periods are to be characterised as deferred revenue or capital in nature rather than current deductible expenditure, while interest and penalty components require separate deductibility analysis under the Income Tax Act. (AI Summary)

A XYZ Pvt Ltd face a GST search in its premises on 22/07/2024. The GST department raised a demand for the previous year(FY 2020-21, 2021-22 & 2022-23). Is it allowable as an expense under the Income Tax Act in FY 2024-25, or is the principal payment of GST disallowed as Deferred revenue expenditure?

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