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2021 (9) TMI 998 - AT - Income TaxLicence fee paid to RSCPL - allowable expenditure u/s 37 - HELD THAT:- Revenue has failed to bring on record any distinguishing facts qua the year under assessment vis-à-vis preceding and succeeding years to controvert the findings returned by the coordinate Bench of the Tribunal, we are of the considered view that amount of deduction claimed by the assessee on account of licencee fee paid to RSCPL is allowable expenditure u/s 37. Ad hoc disallowance @ 10% of the foreign travel expenses claimed by the assessee on ground of personal element in these expenses - HELD THAT:- None of the expenditure claimed by the assessee as business expenditure can be disallowed merely on the basis of surmises. Ld. CIT (A) deleted the impugned addition by following the earlier years order allowing identical expenditure. When AO has not disputed the books of account qua the expenditure claimed by the assessee in any manner, ad hoc disallowance to the extent of 10% of the foreign travel expenses is not sustainable in the eyes of law. So, we find no ground to interfere in the findings returned by the ld. CIT (A), hence ground determined against the Revenue.
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