Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Home Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles News Highlights
Extracts
Home List
← Previous Next →

Asstt. Commissioner of Income Tax Circle–6 (1) , Aayakar Bhavan, Mumbai Versus M/s. Dish TV India Ltd.

2013 (7) TMI 1088 - ITAT MUMBAI

ITA no. 1646/Mum./2012 - Dated:- 10-7-2013 - SHRI R.S. SYAL, ACCOUNTANT MEMBER AND SHRI AMIT SHUKLA, JUDICIAL MEMBER Revenue by : Mrs. R.M. Madhavi Assessee by : Mr. Rajesh Chamaria ORDER PER AMIT SHUKLA, J.M. The present appeal is preferred by the Revenue, challenging the impugned order 28th December 2011, passed by the learned Commissioner (Appeals), Mumbai, for the quantum of assessment passed under section 143(3) of the Income Tax Act, 1961, for the assessment year 2007-08, vide which, follo .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

sessing Officer has applied Rule 8D for making disallowance under section 14A, as per the working given at Page-2 of the assessment order. The learned Commissioner (Appeals) held that in view of the judgment of Hon'ble Jurisdictional High Court in Godrej & Boyce Mfg. Co. Ltd. v/s DCIT, (2010), 328 ITR 081 (Bom.), Rule-8D cannot be applied in the assessment year prior to the assessment year 2008-09. He held that the disallowance of 5,00,000 would be reasonable allocation of expenses for t .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

a sum of 5,00,000 is quite reasonable for allocating the expenses for the purpose of disallowance under section 14A. 5. After carefully considering the rival contentions and going through the relevant findings of the Assessing Officer and the learned Commissioner (Appeals) as well as the order of the Tribunal for the earlier years, we find that this issue has come up for consideration before the Tribunal in assessment year 2005-06 wherein the matter has been restored back to the file of the Asse .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

The ground no.1 is, thus, treated as allowed for statistical purposes. 6. In ground no.2, the Revenue has challenged the deletion of disallowance of 44,78,696, out of the total expenditure of 55,98,370, on television commercial. 7. The Assessing Officer noted that the assessee has incurred advertisement expenses of 55,98,370, on production of TV commercial. He held that such commercials have enduring benefit and, hence, is a capital expenditure. Accordingly, 20% of such expenditure was allowed i .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Forum
what is new what is new
  ↓     bird's eye view     ↓  


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version