Appeal allows marketing payments as deductible business expenses under Sec.37; director pay retained; R&D deductible from certificate date under Sec.3...
Registration under s.12AB upheld; CIT(Exemptions) exceeded jurisdiction by deciding taxability instead of preliminary verification and registration di...
Dependent Agent PE unresolved for lack of factual inquiry; arm's-length distribution accepted; royalty claim rejected; 15% refund interest (Section 24...
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ITAT held that the customer acquisition costs incurred routinely are revenue in nature and deductible in the year of accrual, not capitalized, because they are recurring and not of enduring benefit. Porting charges and data-entry charges wereheld revenue expenditure. The subsidy/compensation on handsets, being split between amounts recovered from customers (accepted as revenue receipts) and amounts subsidized by the assessee, could not be characterized as capital expenditure; the Assessing Officer's contradictory treatment undermined Revenue's position. Consequently, the Tribunal allowed the contested expenditures as deductible revenue losses for assessment purposes rather than capitalized/depreciable assets.
ITAT held that the customer acquisition costs incurred routinely are revenue in nature and deductible in the year of accrual, not capitalized, because they are recurring and not of enduring benefit. Porting charges and data-entry charges wereheld revenue expenditure. The subsidy/compensation on handsets, being split between amounts recovered from customers (accepted as revenue receipts) and amounts subsidized by the assessee, could not be characterized as capital expenditure; the Assessing Officer's contradictory treatment undermined Revenue's position. Consequently, the Tribunal allowed the contested expenditures as deductible revenue losses for assessment purposes rather than capitalized/depreciable assets.
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