9911796707
|
Home
Issues involved: Appeal against order of Ld CIT(A) regarding addition of Membership Fees and disallowance of depreciation without hearing.
Membership Fees Issue: The assessee, a Partnership firm, challenged the addition of Rs. 16,02,000 as Membership Fees by the Assessing Officer. The firm contended that this fee was necessary for carrying on business activities and hence should be treated as revenue expenditure. The Assessing Officer disagreed, considering the benefits to be enjoyed over a long period. The Ld CIT(A) upheld the addition, citing a similar case regarding depreciation on a BSE card. However, the Tribunal, after considering various judgments, ruled in favor of the assessee, stating that the admission fee was a revenue expenditure necessary for conducting business effectively and not resulting in an enduring benefit. The Tribunal highlighted that the payment was akin to a license fee, essential for business operations, and not creating any new asset or increasing profit-making capabilities. Therefore, the Tribunal allowed the appeal, emphasizing that the admission fee was a revenue expenditure. Depreciation Disallowance Issue: The Assessing Officer disallowed depreciation of Rs. 1,60,200 without providing a hearing to the appellant. The Ld CIT(A) upheld this disallowance along with the addition of Membership Fees. However, as the Tribunal ruled in favor of the assessee regarding the Membership Fees issue, the grounds related to depreciation disallowance became infructuous and did not require further adjudication. Conclusion: The Tribunal allowed the appeal filed by the assessee, overturning the addition of Membership Fees and rendering the issues related to depreciation disallowance irrelevant. The decision was based on the understanding that the payment of admission fee was a necessary revenue expenditure for conducting business activities effectively, as it did not result in any enduring benefit but was essential for carrying on the business operations.
|
