2010 (1) TMI 1267 - AT - Income Tax

Summary

Issues involved: Appeal against CIT(A)'s order for A.Y 2005-06 regarding expenses for acquiring audio rights and disallowance of advertisement expenses.

Expenses for acquiring audio rights:
The revenue appealed against CIT(A)'s decision to treat expenses of Rs. 3,76,92,710 for acquiring audio rights as revenue expenditure, not capital expenditure. The Tribunal referred to a previous decision in the assessee's own case for A.Y 2004-05 where it was held that such expenditure is revenue in nature. The Tribunal dismissed the revenue's appeal on this ground, citing consistency with previous decisions.

Disallowance of advertisement expenses:
The revenue also challenged the deletion of an addition made on account of disallowance of 1/3rd of the expenses claimed by the assessee under 'advertisement expenses'. The Tribunal again referred to a previous decision in the assessee's favor for similar issues. It upheld the CIT(A)'s decision and dismissed the revenue's appeal on this ground as well.

In conclusion, the Tribunal dismissed the revenue's appeal, stating that the issues raised were already covered by previous decisions in the assessee's favor. The order was pronounced on January 29, 2010.