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2011 (9) TMI 797 - HC - Income TaxDeduction u/s 80-IA - Deduction u/s 35D - By its order dated 9.7.2008 following the judgment of the Delhi High Court in the case of' CIT v. Shri Ram Honda Power Equip [2007 -TMI - 2891 - HIGH COURT, DELHI] held the aforesaid substantial question of law in favour of the assessee and against the revenue Regarding deduction u/s 35D - Apex Court in the case of Punjab Industrial Development Corpn. Ltd. v. CIT [1996 -TMI - 5589 - SUPREME Court] where it was held that the payment made to the Registrar of Companies is to be treated as a capital expenditure - The deduction was claimed on the ground that Section 35D provides for amortization of preliminary expenses in respect of fees paid to the Registrar of Companies and expenditure incurred towards public subscription of shares. Once the condition of Section 35D is fulfilled, the assessee is entitled to the deduction - Decided in favor of the assessee
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