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2017 (12) TMI 181 - AT - Income TaxDisallowance in respect of advertisement and publicity expenses - nature of expenditure - revenue or capital - Held that:- In the facts of the present case, it is evident that the AO has not demonstrated with cogent evidence, any special circumstances or reasons to hold that the impugned expenditure was capital in nature. It is also note-worthy that no specific instances have been pointed out by the AO in this regard. Ld. Sr. DR, while arguing on behalf of the department, also could not cite any judicial precedents in favour of the Revenue which were in opposition to the judgments relied upon by the Ld. CIT (A). In the given circumstances, we are of the considered opinion that the findings of the Ld. CIT(A) on this issue do not call for any interference on our part and we deem it appropriate to dismiss ground No. 1 of the departmental appeal. Disallowance u/s 14A - Held that:- Department could not negate the findings of the Ld. CIT (A) that the assessee did not have any exempt income during the year under consideration. Therefore, we find that the Ld. CIT (A) has rightly applied the ratio of the judgment of the Hon’ble Delhi High Court in the case of CIT vs. Holcim India Pvt. Ltd. [2014 (9) TMI 434 - DELHI HIGH COURT ] and we find no reason to interfere on this issue also - Decided in favour of assessee.
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