remark as under:
"Penalty is there except overload penalty which is in normal course
of business and hence not reported".
The AO vide ... also rejected this contention of the assessee that the overloading penalty
cannot be equated with the penalty for infringement of law or otherwise
from the above
expenses, the following expenses were also disallowable, viz. overloading
penalty, capital expenditure, construction of office building but debited to profit &
loss ... expenses as per cash flow statement of Rs.12,05,300,
overloading penalty of Rs.17,105 and capital expenditure, repairs to buildings
such information, some rakes are
weighed enroute and bills for overloading penalty charges are given to the
customers on the basis of the second weighment ... such information, some rakes are weighed
enroute and bills for overloading penalty
charges are given to the customers. It logically
next issue raised by the Revenue relates to deletion of
penalty for overloading of trucks by treating it as compound
fee. This issue is raised ... that the expenditure claimed by the assessee
Rs.12,382/- being penalty of overloading of trucks. The assessee
explained in the assessment proceedings regarding
They are not in the nature of
fine or penalty because the overloaded truck, after it pays the overloading
charges, is allowed to proceed ... 2081/Mum/2010
(Assessment Year 2005-06 )
penalty to the RTO for overloading, which is a clear infringement of law. Since
the assessee has indulged
that the software already provided
in the lane computer calculates the overload penalty and other
offences including the entry tax are entered into the payment
that Rs.1,01,85,788/- has been paid as
overloading charges towards overloading the goods in the railway wagons
which is termed as punitive ... prohibited to overload the goods in the wagons.
4. Overloading charges paid to Railways was not in the nature of penalty for
violation/infraction
erred in deleting
the disallowance as the overloading charges is nothing but a penalty as per
Provision of section 73 of the Indian Railway ... erred in deleting
the disallowance as the overloading charges is nothing but a penalty as per
Provision of section 73 of the Indian Railway
estimate, then
overloading of wagons cannot possibly by avoided and such overloading being apparently
common is actually permitted by the railways on overloading charges termed ... commercial parlance it is not in the nature of penalty
for infraction of ]aw. The overloading charges paid to the railways may in its terminology
estimate, then overloading of wagons cannot possibly be
avoided and such overloading being apparently common is actually permitted
by the railways on overloading charges termed ... commercial parlance it is not in the
nature of penalty for infraction of law. The overloading charges paid to the
railways may in its terminology
