2008 (8) TMI 138

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....spondent. JUDGMENT C. M. No.1581/2007 (delay) in I. T. A. No.173/2008 This is an application for condonation of delay in filing the appeal. Apparently there is a delay of about 12 days in filing the appeal. Although the application mentions only 9 days delay. The reason given for the delay is that the CCIT had directed that the opinion of the senior standing counsel be sought. This was do....

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..... T. A. No. 173 /2008 3. The first issue that is sought to be raised in this appeal pertains to advertising expenditure of approximately Rs 3.08 crores. According to the Assessing Officer, the expenditure were incurred for launching of its products. The Assessing Officer was of the view that such expenditure was of an enduring nature and, therefore, treated one-third as "capital expenditure" an....

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....of a revenue nature and allowed the same. The Tribunal also noted the decision of the Supreme Court in the case of Empire Jute Co. Ltd. v. CIT [1980] 124 ITR 1 wherein the Supreme Court held that there could be cases where the expenditure even if it was incurred for obtaining of a benefit of an enduring nature may, nevertheless, be on the revenue account and, in such cases, the test of "enduring b....

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....wards the professional fee to M/s. Eicher Consultants Services Ltd. to the extent of Rs. 31.62 lakhs paid towards the project of supply Chain Management & Human Resource Revenue-Engineering by allowing only a deduction of 1/5th as expenditure in the year under assessment ? 2. Whether the Tribunal was correct in law in holding that unutiized amount of DEPB to the extent of Rs. 4,13,661 would be ....