2019 (6) TMI 1264 - SCH - Income Tax

Allowability of advertisement expenditure as revenue expenditure - HELD THAT - High Court has adverted to two circumstances, while upholding the decision of the Tribunal firstly, for the previous Assessment Year 2008- 2009, the same view of the Tribunal regarding the allowability of advertisement expenditure as revenue expenditure has not been challenged; secondly, the High Court has adverted to its own decision in the case of CIT v. Pepsico India Holdings India (P) Ltd . . 2012 (6) TMI 256 - DELHI HIGH COURT . The learned Additional Solicitor General attempted to distinguish the decision on the ground that it dealt with advertisements on hoardings. We find no substance in that distinction In our considered view, the view which has been taken by the Tribunal and, sustained by the High Court, does not call for interference under Article 136 of the Constitution.

Summary

Issues:
1. Challenge to the correctness of findings on advertisement expenses.
2. Interpretation of previous Tribunal decisions.
3. Application of High Court precedents on revenue expenditure.
4. Distinction between different types of advertisements.
5. Interference under Article 136 of the Constitution.

Analysis:
1. The judgment addresses the challenge to the correctness of the findings on advertisement expenses. The Additional Solicitor General argued against the High Court's decision, highlighting two circumstances: consistency with a previous Tribunal decision and reliance on a High Court precedent. The court noted the attempt to distinguish a specific case but found no merit in the argument.

2. The court considered the interpretation of previous Tribunal decisions, emphasizing the importance of consistency in decisions. It noted that the Tribunal's view on the allowability of advertisement expenditure as revenue expenditure for a previous Assessment Year had not been contested. This factor, coupled with the High Court's reliance on its own precedent, influenced the court's decision.

3. The judgment delves into the application of High Court precedents on revenue expenditure. Specifically, it mentions the High Court's decision in a case involving Pepsico India Holdings India (P) Ltd. The court found the High Court's decision in that case relevant and upheld the consistency in applying such precedents to the current matter.

4. The court also discussed the distinction between different types of advertisements, particularly advertisements on hoardings. The Additional Solicitor General tried to differentiate the case at hand based on this distinction, but the court dismissed this argument, stating that the grounds for distinction were unsubstantiated.

5. Finally, the judgment concludes by addressing the possibility of interference under Article 136 of the Constitution. After considering all arguments and precedents, the court decided that the view taken by the Tribunal and upheld by the High Court did not warrant interference under Article 136. Consequently, the Special Leave Petition was dismissed based on this analysis.