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| The Tax Publishers2020 TaxPub(DT) 3436 (Del-Trib) INCOME TAX ACT, 1961
Section 37(1)
Out of total amount paid to RoC, Rs. 5,500 paid for filing of annual return could not be held as of capital in nature and, therefore, could not be disallowed.
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Capital or revenue expenditure - Fees paid to RoC - Part amount paid to RoC pertained to filing of annual return -
Assessee claimed deduction of fees paid to RoC of Rs. 2,26,000. AO disallowed deduction holding that the same was of capital in nature. Assessee contended that out of the total amount of Rs. 2,26,500, amount of Rs. 5,500 pertained to fee for filing of annual return with the RoC.Held: Out of total amount paid to RoC, Rs. 5,500 paid for filing of annual return could not be held as of capital in nature and, therefore, could not be disallowed. Accordingly, disallowance was confirmed to the extent of Rs. 2,21,000.
REFERRED :
FAVOUR : Partly in assessee's favour.
A.Y. : 2014-15
INCOME TAX ACT, 1961
Section 37(1)
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