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TMI Blog2020 (11) TMI 139X X X X Extracts X X X X X X X X Extracts X X X X ..... also in law, the ld. CIT (Appeals) has erred by deleting the addition of Rs. 17,90,806/- on account of professional & Consultation fee. 2. On the facts and in the circumstances of the case and also in law, the ld. CIT (Appeals) has erred by deleting the addition of Rs. 1,40,69,932/- made by Assessing Officer on account of advertisement and sale promotion. 3. On the facts and in the circumstances of the case and also in law, the ld. CIT (Appeals) has erred by deleting the addition of Rs. 1,33,40,751/- on account of loss on waiver of loans. 4. That the appellant craves for the permission to add, delete or amend the grounds of appeal before or at the time of hearing of appeal. " 3. The assessee is engaged primarily in the business o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the payment for Control Risk study was for study of the financial soundness and past track records and such report is used by the assessee company to deal with the target hotels for brand management as per assessee's standard. Similarly Consultancy fee paid was in the nature of brokerage for getting office space on rent. Thirdly, with regard to the payment made to Rs. 2,21,170/- shown under the head 'payment made for patent and trademark' was in the nature of legal charges in infringement proceedings. The Assessing Officer was of the view that such payment would have given enduring benefit to the assessee. The Assessing Officer also held that the above expenses as capital in nature and, therefore, disallowance of 80% of such expenses am ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent proceedings for Assessment Year 2007-08 which was decided by the Tribunal vide order dated 8.02.2013 and there is no deviation of any facts in the present assessment year as well. The CIT (Appeals) has rightly observed that the assessee availed services to control this group 'SCHI' in order to carry out the due diligence and risk analysis with the target hotels. Thus, these expenses are Revenue in nature. Thus, ground No. 1 of the Revenue's appeal is dismissed. 8. As regards ground No. 2, the CIT (Appeals) has again relied upon the Tribunal's decision in Assessment Year 2007-08. It is pertinent to note that advertisement and sale promotion expenses are Revenue expenses as held in Assessment Year 2007-08 in assessee's own case. and ther ..... X X X X Extracts X X X X X X X X Extracts X X X X
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