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    <title>1990 (12) TMI 117 - ITAT BOMBAY-A</title>
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    <description>Damages paid under section 14B of the Employees&#039; Provident Fund and Miscellaneous Provisions Act were treated as having both penal and compensatory elements, because the Supreme Court had characterised such damages as in substance a penalty for breach of statutory obligation. On that basis, only the compensatory portion was allowed as a deduction under section 37(1) of the Income-tax Act, and deduction was confined to 40% of the damages. The remaining damages, as well as the penalty paid for delayed ESI dues, were not allowable as revenue deduction.</description>
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      <title>1990 (12) TMI 117 - ITAT BOMBAY-A</title>
      <link>https://www.taxtmi.com/caselaws?id=58001</link>
      <description>Damages paid under section 14B of the Employees&#039; Provident Fund and Miscellaneous Provisions Act were treated as having both penal and compensatory elements, because the Supreme Court had characterised such damages as in substance a penalty for breach of statutory obligation. On that basis, only the compensatory portion was allowed as a deduction under section 37(1) of the Income-tax Act, and deduction was confined to 40% of the damages. The remaining damages, as well as the penalty paid for delayed ESI dues, were not allowable as revenue deduction.</description>
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      <pubDate>Thu, 20 Dec 1990 00:00:00 +0530</pubDate>
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