Refund claim dismissed as time-barred under s.142(5); non-obstante clause read restrictively, merits not decided, self-assessment payments not mere de...
Assessee's project-completion revenue recognition upheld; income addition deleted under Guidance Note/AS-9 and percentage-completion rules as complian...
ITAT held that the revision u/s 263 was unsustainable and set aside the PCIT's order, affirming the AO's allowance of marketing-research, recruitment and retainership fees as deductible revenue expenditure u/s 37(1). The Tribunal found s.35D inapplicable because the expenditures were not incurred pre-commencement nor in relation to expansion/new unit, so they could not be amortised under s.35D. Applying the two-views doctrine, ITAT concluded the AO's prima facie satisfaction after enquiry and documentary scrutiny was not shown to be legally erroneous; mere disagreement by the PCIT did not confer jurisdiction to revise the assessment. Decision in favour of the assessee.
ITAT held that the revision u/s 263 was unsustainable and set aside the PCIT's order, affirming the AO's allowance of marketing-research, recruitment and retainership fees as deductible revenue expenditure u/s 37(1). The Tribunal found s.35D inapplicable because the expenditures were not incurred pre-commencement nor in relation to expansion/new unit, so they could not be amortised under s.35D. Applying the two-views doctrine, ITAT concluded the AO's prima facie satisfaction after enquiry and documentary scrutiny was not shown to be legally erroneous; mere disagreement by the PCIT did not confer jurisdiction to revise the assessment. Decision in favour of the assessee.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4821 
Join Channel 
