TaxTMI 
TaxTMI 
2019 (8) TMI 295
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....e ITAT 2.1 Alongwith the appeal, assessee has filed a petition seeking condonation of delay of 16 days in filing the appeal for Assessment Year 2008-09 before the Tribunal. In support of its prayer, the assessee has placed reliance, inter alia, on the decision of the Hon'ble Apex Court in the case of MST Katiji and Others (1987) 167 ITR 471 (SC); the decision of the Hon'ble Karnataka High Court in the case of CIT Vs. ISRO Satellite Centre (2013) 263 ITR 549 (Kar) and the decision of the Co-ordinate Bench of this Tribunal in the case of Shakuntala Hegde L/R of R. K. Hegde Vs. ACIT in ITA No.2785/Bang/2004. 2.2 After having heard both parties in the matter; the reasons adduced by the assessee in its petition for condonation of delay and....
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....6, for Assessment Year 2008-09, the assessee has preferred this appeal before the Tribunal wherein it has raised the following grounds:- 5. Ground Nos. 3 to 5 - Expenditure incurred on designing of logo 5.1 The only issue of dispute for our consideration and adjudication in this appeal is whether the expenditure incurred by the assessee on designing of logo is a revenue expenditure as claimed by the assessee or is capital in nature as held by the authorities below. In the order of assessment, the AO was of the view that the aforesaid expenditure incurred for designing of logo was capital in nature as it results in enduring benefit to the assessee. On appeal, the CIT(A) upheld the AO's view in the matter. 5.2.1 The learned AR was he....
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....terial on record. The facts not dispute are that the assessee in the year under consideration had incurred an expenditure of Rs. 5,80,000/- on designing of logo for the company and claimed the same as revenue expenditure. The AO, on examination thereof, was of the view that the aforesaid expenditure brings into existence an asset or gives enduring benefit to the assessee and therefore treated it as capital expenditure and allowed the assessee depreciation thereon. On appeal, the CIT(A) upheld the AO's view. 5.4.2 We have perused the relevant bill for the expenditure of Rs. 5,80,000/- incurred by the assessee for designing of logo which gives the break up of various items that constitute such expenditure. A copy of the bill issued to the ....
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....Act 5.1 In this ground (supra), the assessee denies himself liable to be charged interest u/s 234D of the Act. The charging of interest is consequential and mandatory and the AO has no discretion in the matter. This proposition has been upheld by the Hon'ble Apex Court in the case of Anjum H. Ghaswala (252 ITR 1) (SC) and we, therefore, uphold the action of the AO in charging the assessee the aforesaid interest u/s 234D of the Act. The AO is, however, directed to recompute the interest chargeable u/s 234D of the Act, if any, while giving effect of this order. 8. In the result, the assessee's appeal for Assessment Year 2008-09 is allowed as indicated above. Order pronounced in the open court on this 02nd day of August, 2019. ====....
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.... of interest under sections 234D is not in accordance with law as the rate, amount and method for calculating interest is not discernible from the order of assessment. The Appellant craves leave to add, alter, delete or substitute any of the grounds urged above. In the view of the above and other grounds that may be urged at the time of the hearing of the appeal, the Appellant prays that the appeal may be allowed in the interest of justice and equity. Document 2 Spectrum Consultants & Marketing Services Pvt Ltd 780, 12th Main HAL II Stage Bangalore - 560 008 STUDIO BILL Corporate Identity (Job No. 3785) PARTICULARS Towards cost of developing Corporate Identity of Spectrum Consultants, Bangal....