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2015 (11) TMI 1898 - HC - Income TaxExpenditure incurred on advertisement and sales promotion - Tribunal deleting the disallowance of 81.25% of the expenditure incurred as relying on of M/s. Star India Pvt. Ltd [2009 (3) TMI 990 - BOMBAY HIGH COURT] - as per revenue main liability to incur the said expenditure lay with the holding company of the assessee and that SLP filed by the Department has been admitted by the Hon'ble Supreme Court against the decision of this Court in the case of M/s. Star India (P) Ltd. relied on by the Tribunal HELD THAT:- Revenue very fairly states that although the question as formulated proceeds on the basis the SLP filed by the Revenue against order of this Court in Star India Pvt. Ltd. (supra) has been admitted, in fact, it is not so. The Apex Court has only issued a notice before admission. In fact, the SLP is awaiting admission. Be that as it may, no fault can be found with the impugned order of the Tribunal in having allowed the Respondent Assessee's appeal following the decision of this Court in Star India Pvt. Ltd. (supra). No distinguishing feature in the present facts from that existing in Star India Pvt. Ltd. (supra) has been pointed out to us which would warrant our taking a different view in the present appeal. No substantial question of law arise
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