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2015 (12) TMI 455 - ITAT MUMBAIDisallowance of website registration expenses - revenue v/s capital expenditure - Held that:- Just because a particular expenditure may result in an enduring benefit would not make such an expenditure of capital nature and real intent and purpose of the expenditure has to be seen, thus, we find no infirmity in the conclusion drawn by the ld. Commissioner of Income Tax (Appeals) considering the nature of expenditure as revenue in nature. See CIT Versus INDIAN VISIT. COM PVT. LTD [2008 (9) TMI 8 - DELHI HIGH COURT ] - Decided in favour of assessee. Disallowance u/s 14A read with Rule 8D - CIT(A)deleted the addition - Held that:- We are in agreement with the finding of the ld. Commissioner of Income Tax (Appeals) to the extent that Rule 8D of the Rules is not applicable being the assessment year involved is 2007-08. So far as, reasonableness of addition made u/s 14A of the Act is concerned, in view of the decision from Hon’ble jurisdictional High Court in Godrej & Boyce Mfg. Company Ltd. vs CIT (2010 (8) TMI 77 - BOMBAY HIGH COURT) where their lordship while approving the theory of apportioning expenditure between taxable and nontaxable income speaks about reasonable and fair basis to be followed in making the disallowance u/s 14A of the Act, we note that there is uncontroverted finding in para 6.11 of the impugned order that there is no borrowing by the assessee during the year. The Assessing Officer is directed to make the disallowance in the light of the aforesaid decision from Hon’ble jurisdictional High Court. Decided in favour of revenue for statistical purposes
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