2014 (2) TMI 1283 - SCH - Income Tax

Amortization of the expenditure - Allowability of expenditure incurred - Held that - HC order confirmed 2011 (1) TMI 1415 - DELHI HIGH COURT the ball was set in motion in the assessment year 1995-96 when the assessee was allowed to claim deduction at the rate of 10% of the total expenditure incurred by it for four years i.e. for the assessment years 1995-96 to 1998-99 the assessment have become final. Thus 40% of the lump sum amount incurred in the first assessment year has been allowed as deduction at the rate of 10% in each of these years. That is the factual situation prevailing. Upsetting the apple cart in the middle and challenging the course of action by treating these expenditure under Section 35 D of the Act would clearly be impermissible. SLP dismissed.

Summary

The Supreme Court dismissed the Special Leave Petition for assessment year 2004-2005 after condoning the delay. Earlier assessment years' petitions were also dismissed.