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2018 (9) TMI 1845 - AT - Income TaxAllowability of expenditure u/s 37 - Disallowance on account of expenses claimed against animal breeding and cooperative development expenses - treating these expenses to be revenue in nature without appreciating the fact that incurring of such expenses resulted in benefit of enduring nature - capital expenditure OR revenue expenditure - HELD THAT:- Issue was adjudicated in favour of the assessee from AY 2008-09 onwards in the decisions concerning the earlier assessment years, the action of the AO in making disallowance of the expenses incurred towards an animal breeding and cooperative development expenses on the ground that expenses resulted in benefit of enduring nature and therefore capital in nature, was set aside and it was concurrently held by the first appellate authority as well as the second appellate authority that such expenditure are revenue in nature. Thus, the issue is no longer resintegra. Consistent with the view taken by the co-ordinate bench in earlier years [2018 (4) TMI 1555 - ITAT AHMEDABAD] the appeal of the Revenue is found to be devoid of any merit. - Appeal of the Revenue is dismissed.
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