2011 (2) TMI 1553 - AT - Income Tax

Summary

Issues involved: Appeal by Revenue and Cross Objection by assessee against the order of Commissioner of Income-tax(Appeals)-XIV, Ahmedabad u/s143(3) r.w.s 147 of the Income-tax Act, 1961.

Issue 1 - Garden Expenses Disallowance:
The first issue in Revenue's appeal is regarding the disallowance of garden expenses by CIT(A) as revenue expenditure u/s.37 of the Act. The Tribunal upheld the decision based on the assessee's business nature, where maintaining a garden was essential for worker health and environmental reasons. The Tribunal dismissed Revenue's appeal in line with the previous decision.

Issue 2 - Foreign Registration Fees Treatment:
The second issue in Revenue's appeal concerns the treatment of expenditure on foreign registration fees as revenue expenditure. The CIT(A) allowed the expenses as revenue, emphasizing that no new assets were created and the fees were necessary for export activities. The Tribunal confirmed the CIT(A)'s decision, considering the recurring nature of the fees and the significant increase in exports over the years.

Separate Judgement - Assessee's Cross Objection:
The only issue in the assessee's Cross Objection was the rejection of the reassessment order by CIT(A). However, the assessee decided not to press this issue, leading to its dismissal.

In conclusion, the Tribunal dismissed Revenue's appeal and the assessee's Cross Objection was dismissed as not pressed.