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2017 (11) TMI 1754 - AT - Income TaxAllowability of advertisement expenses - nature of expenses - revenue or capital expenditure - argument of AR that no opportunity whatsoever was given by the AO while making addition - Held that:-Order of the Ld.CIT(A) also reads that it is the contention of the assessee that without affording an opportunity to the assessee to explain the stand in respect of the brand advertisement expense in the light of Franchise Agreement dated 02.04.2010, the AO decided the issue making the addition. Having regard to the facts and circumstances of the case, we are of the considered opinion that it is a fit case to remand the matter to the file of the AO to verify the stand of the assessee Addition treating the fully allowable expense as not accrued and crystallized during extant period deduction u/s 43B claimed - Held that:- As against the provision, the assessee made payment of ₹ 95,90,000/- and the tax rates are uniform for the relevant and subsequent assessment years, as such in a tax neutral scenario, it is fair to allow the expenditure for this assessment year. We, therefore, allow this ground of appeal and direct the AO to delete the addition on this count. Appeal of the assessee is allowed in part for statistical purposes.
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