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2010 (8) TMI 467 - ITAT, MUMBAIDisallowance - sharing of expenses - whether the assessee has incurred expenditures for the purpose of his business or not - If the expenditure satisfies the negative conditions, it has to satisfy the positive condition in order to be eligible for deduction under section 37(1) of the Act - The burden of proving, that a particular expenditure has been laid out or expended wholly and exclusively for the purposes of business so that the assessee may be entitled to claim deduction is on the assessee - There is no material on record based on which it could be said that the assessee company has asked M/s BPDCL to incur such expenses and the same will be apportioned or shared between them - In the expert report given by the Chartered Accountant, the amount of 11 crores has been bifurcated and part of it has been suggested to be capitalized and the same has been capitalized by the assessee - Since the expenses are in capital nature, the same is not allowable u/s 37(1) of the Act - In the result, the appeal of the assessee is dismissed
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