As per a Quicko article, penalties cannot be claimed as a business expense -
Expenses which a Trader cannot claim in Income Tax Return
- Personal Expenses – An expense incurred for personal purposes is not deductible.
- Fines & Penalties – The non-compliance or delay in compliance attracts interest and penal consequences. Hence, interest, fine, late fee, penalty, etc. are not a valid deductible.
They also mentioned about it in another thread -