The Chennai bench of the NCLAT has dismissed an appeal by Hewlett Packard Enterprise India Private Limited (HPE India) challenging a ₹10 lakh compounding fee imposed for non-compliance with Section 185, Companies Act.
The Delhi High Court has ruled that the ‘compounding fee’ paid for compounding an offence under a Statute, is not in the nature of a tax or duty. The court remarked that the compounding fee is.
The Raipur Bench of the Income Tax Appellate Tribunal (ITAT) has held that the assessee, the District Mining Officer, is liable to collect tax at source on the compounding fee received from illegal.