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2015 (10) TMI 1083

Head Note:
Disallowance of Advertisement expenses - Held that:- Since the co-ordinate bench of Tribunal in the assessee’s own case [2013 (11) TMI 319 - ITAT MUMBAI ] has already taken the view on this issue in favour of the assessee concluding there is no dispute about the date of release of the film in question on 29.4.2005. We further note that the Censor Board of Films issued the certification of the film on 21.4.2005 therefore, the film was released for exhibition on commercial basis at the beginning of the previous year and as per Rule 9A of the Income Tax Rule the entire cost of production is allowable deduction - consistent with the view taken by the co-ordinate bench we hold that the assessee is eligible to claim deduction of advertisement expenses. Accordingly, we set aside the order of Ld CIT(A) on this issue and direct the AO to delete the disallowance of advertisement expenses. - Decided in favour of assessee.

Disallowance on ad-hoc basis from out of various expenses - disallowance for want of technical documents - Held that:- We notice that the assessing officer has only made some bald observations that some of the items are under self made vouchers/cash payments/cash memos/bills from unregistered dealers without pointing out any specific instances. Hence, we are of the view that the assessing officer did not make any strong case in support of disallowance made by him. We have earlier noticed that the co-ordinate bench in the assessee’s own case as well in the case of Shri Karan Yash Johar (supra) has taken the view that the technical documents are not really required to ascertain the genuineness of the expenses and further held that the maintenance of the same was not feasible for valid reasons. Accordingly, in the case of Shri Karan Yash Johar (2015 (5) TMI 539 - ITAT MUMBAI), the Tribunal has taken the view the disallowances were not called merely for want of technical documents. - Decided in favour of assessee.


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