New User / Register || Book Marks || Annual Subscription || Feed Back ||
Login: Stay
|| Forget Password ||
     
TMI - Tax Management India. Com  

Recent Discussionss:

Franchise fee Service tax RCM Excise Duty Applicable reconcile er1 returns with trial balance/balancesheet Sale of Machinery by SEZ Unit to EOU Two companies in different states c form issued with purchase value excluding cst2% tax amt input tax credit vat annual return filling Import license for restricted items
 
Discussions Forum
Home Forum Other Topics Month 8 2008 2008 (8) This
← Previous Next →
 

Expenses on Increase in authorised capital - Other Topics

 
Issue Id: - 889
Dated: -27-08-2008
By:- Anup Kumar Grover
Expenses on Increase in authorised capital

Whether expenses on Increase in authorised capital, ie ROC fees etc be allowed as an expenditure u/s 37 or 35 D, or other wise treatment thereof

Post Reply
 
Previous Posts


Dated: - 29-08-2008
By: - dkkothari

If there is no change in capital base say increasing capital by issue of bonus shares it will be revenue expenditure as per SC judgments. otherwise it will be capital expenditure to be allowed u/s 35D, if applicable otherwise u/s 28 ead with S. 145 according to reasonable method of accounting claim can be made over five or ten years. My view is also that authorised capital stands increased on passing relevant resolutions,ROC's filing fees is a statutory payment required whether you really issue shares or not. Thus, fees payment does not affect capital base, therefore, it should be treated as revenue expenditure and allowed u/s 37 /28 r.w.s. 43B. however, these contentions will have to go through the process of judicial scrutiny because in earlier judgments these contentions were not raised.


 
 
Previous Next

 

what is new what is new

UpdatesKnowledge SharingSubscription CommunicationNewslettersMore Options




Go to Mobile Website Go To Top
© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.