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Issues involved: Appeal against CIT(A)'s order for A.Y. 2006-07 - Disallowance of filing fee to ROC and disallowance of expenses on moulds & dies used for manufacturing of goods.
Disallowance of filing fee to ROC: The filing fee paid towards increasing authorized capital was disallowed by CIT(A) based on the nature of the expense. The Tribunal upheld this decision citing relevant case laws such as Brooke Bond India Ltd. Vs. CIT and CIT Vs. Kodak India Ltd. The Tribunal found the filing fee to be on capital account and dismissed the assessee's claim. Disallowance of expenses on moulds & dies: The assessee, involved in manufacturing plastic containers, incurred expenses on moulds and dies essential for product quality. Two types of moulds were purchased - one capitalized as "plant & machinery" for depreciation claims, and the other debited to P&L A/c as renewable items. The assessee sought to submit additional evidence regarding the nature of these expenses, which was not furnished before the AO. The Tribunal, considering similar past cases, admitted the additional evidence and remanded the issue back to CIT(A) for decision in accordance with the law and previous orders. The appeal was partly allowed for statistical purposes. Separate Judgement: None.
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