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DCIT Versus M/s Bharti Teletech Ltd.

2016 (4) TMI 159 - ITAT DELHI

Brand promotion expenses - expenses considered by the Assessing Officer as expenditure, which granted benefits of enduring nature and which called for allowance over a period of five years - Held that:- As in the case of assessee itself for the assessment year 2001-02 in the identical facts and circumstances, has decided the similar issue in favour of the assessee wherein held the concept of deferred revenue expenditure is not known under the Income-tax Act. The expenditure can be either capital .....

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ture are wholly and exclusively for the purpose of business and which is not challenged in appeal. We, therefore, confirm the deletion of disallowance - Decided against revenue - ITA No. 152/Del/2007 - Dated:- 24-2-2016 - H. S. Sidhu, JM And L. P. Sahu, AM For the Appellant : Shri K K Jaiswal, DR For the Respondent : Shri Anil Bhalla, CA ORDER Per L P Sahu This is an appeal filed by the Revenue against the order of the CIT(A)-V, New Delhi dated 18.10.2006 on the following ground: "1. The le .....

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eturn was processed on 03.02.2004 u/s. 143(1). Subsequently, the return was revised on 17.12.2004 declaring income of ₹ 1,38,04,037/-. The case was selected for scrutiny and notice was issued and served upon the assessee. During the scrutiny assessment, the AO noticed that the assessee had claimed a sum of ₹ 70,98,143/- as brand building expenses and treated it as revenue expenditure. The same was deferred in the books of account, but claimed as revenue expenditure for the purpose of .....

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A) allowed the appeal of the assessee following the precedent that there was a similar order made by CIT(A) for the assessment year 2001-02. The Revenue aggrieved by the order of ld. CIT(A) is in appeal before the Tribunal. 4. The learned DR relied upon the order of the Assessing Officer. He vehemently opposed the order of the ld. CIT(A) and submitted that the AO has made reasoned order and does not require any interference. He further submitted that the assessee himself has treated it in his bo .....

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nditure. There are only two types of expenditure considered in the I T Act - either capital or Revenue. In this regard he has placed reliance on the order of ITAT in ITA No. 3135 & 3136/Del./2005 for the assessment year 2001-02 in the case of assessee itself. 6. We have heard the arguments of both the sides and carefully perused the material placed on record before us. Hon'ble ITAT, Delhi in ITA No. 3135 & 3136/Del./2005 in the case of assessee itself for the assessment year 2001-02 .....

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