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2013 (12) TMI 1154 - ITAT MUMBAIProvision for Royalty – Held that:- The Copy right Board decided the rate of royalty payable by appellant to PPL at the average rate of Rs.660/- per needle hour - The appellant was allowable the expenditure for payment of royalty to the PPL @ Rs.660 per needle hour and not @ Rs. 1,500 per hour - the provision reflected at Rs.3,49,86,000/- included the opening balance of Rs.94,60,000/-, which was not required to be considered for the purpose of disallowance since the same was not provision made during the year – Decided against Revenue. Advertisement and marketing cost – Held that:- As per Accounting Principle the provision for expenses are also allowable if the goods/services have been received - There is no material on record to show that in the instant case the goods/services have been received by the assessee during the year under consideration and there is no positive finding of the ld. CIT(A) in this regard - Even at this stage the ld. counsel for the assessee has placed no material on record to show that the goods/services have been received by the assessee during the year – The issue was restored for fresh decision.
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