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2015 (6) TMI 250 - DELHI HIGH COURT

2015 (6) TMI 250 - DELHI HIGH COURT - TMI - Disallowance of management fee - CIT(A) allowed the claim - Held that:- As to whether the expenditure was wholly laid out for the business purpose and was driven by commercial expediency cannot be viewed from a narrow lens of revenue officer's perspective. The element of business activity or expenditure cannot be subjected to objective reasonable standard as the AO sought to impose upon it. To that extent, the CIT(Appeals) decision, in the considered v .....

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1 - SUPREME Court). On this ground, the ITAT was of the opinion that the relief as claimed was warranted. So the ITAT too confirmed these findings. No substantial question of law is made out. - Decided against revenue. - ITA No. 311/2015 - Dated:- 22-5-2015 - S Ravindra Bhat And R K Gauba,JJ. For the Appellants : Ms. Suruchi Aggarwal, Sr. standing counsel with Ms. Lakshmi Gurung & Mr. Abhishek Sharma, Advs. For the Respondent : None ORDER 1. The revenue is aggrieved by the order of the Incom .....

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uction - under section 37 of the Income Tax Act, 1961 on account of payment to the tune of ₹ 1,34,35,168/- on account of management fee expenditure towards use of infrastructure etc. The AO conceded that the expenditure was revenue in nature. However, he doubted its genuineness on the ground that the expenditure was not supported by invoice or tangible material. The CIT(Appeals), took note of the fact that the assessee has submitted a detailed note to substantiate the necessity of cross-ch .....

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