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2025 (7) TMI 1833

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....passed u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred as 'the Act') by the ACIT, Circle-10(1), New Delhi (hereinafter referred to as the Ld. AO). 2. The assessee's return of income was selected for scrutiny and mandatory notices were issued for assumption of jurisdiction. During the year the assessee company was engaged in the business of manufacture of industrial alcohol, ENA, IMFL country liquor and processing of bio-degradable waste and generation of power. The AO examined the expenses incurred as 'brand promotion expenses' capitalized under the head 'Intangible know-how and New brand development.' However, proportionate depreciation thereon has been added in the computation of total income and the net claim was made and r....

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....cific expense, which is of enduring benefit or has been incurred to acquire any capital asset. Such expenses in respect of on-going business are undisputedly Revenue in nature. Under the above facts, we fully concur with the findings of the ld. CIT (Appeals) also because similar recurring expenses incurred in earlier years have been allowed as Revenue expenses. The decisions relied upon by the ld. CIT (Appeals) also strengthen the finding arrived at by him under the facts and circumstances of the present case on the issue. The Hon'ble Supreme court in the case of Empire Jute Company Vs. CIT (supra) has been pleased to hold that it is only when an enduring advantage is in the capital field that the expenditure would be disallowable. If advan....

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....erial before us in the form of paper book, the ld. AR has given details of the expenses and the same are reproduced for convenience as follows:- S. No Date Ledger A/c (Expenses) Particular Nature of Voucher Amount 1. 26.02.2012 Accident Petty Cash Cash payment 23,655/- 2. 03.06.2011 Legal & Prof. Cash Delhi Cash payment for stamp papers 1,10,000/- 3. 31.12.2011 Travelling Air Travel Bureau Ltd Journal Voucher 40,106/- 4. 18.01.2012 Travelling Exp. Payable Journal Voucher 37,000/- 5. 08.02.2012 Travelling Air Travel Bureau Ltd Journal Voucher 20,205/- 6. 31.03.2012 Travelling Globus Spirits CI Unit Journal Voucher 33,726/- 7. 31.03.2012 Travelling Globus Spirits CI Unit Journal Voucher 28,743/-....