2020 (5) TMI 335 - AT - Income Tax

Advertisement expenditure incurred on brand building u/s 37 - disallowance of expenditure for advertisement on sale promotion treating the same as expenditure for the future benefits and enduring in nature - HELD THAT - As decided in own case 2019 (6) TMI 288 - ITAT DELHI public memory is very short and, therefore, the companies have to incur advertisement expenditure year after year to keep products fresh in the minds of the public - such expenditure cannot partake the character of giving any enduring benefit. AO has grossly erred in treating such expenditure as intangible asset and on facts of the case, the findings of the Id. CIT(A) needs no interference. - Decided in favour of assessee.

Summary

Issues:
Challenge against deletion of addition of ?2,06,37,597/- on account of advertisement expenditure under section 37 of the I.T. Act, 1961.

Analysis:

1. Issue of Disallowance of Advertisement Expenditure:
- The Assessing Officer disallowed the advertisement expenditure as capital in nature, while the Ld. CIT(A) noted it as revenue expenditure.
- The Ld. CIT(A) considered the similarity with previous cases and decided in favor of the assessee, deleting the addition.
- The Ld. CIT(A) found the facts and circumstances similar to the A.Y. 2013-2014 case and followed the same approach, allowing the appeal of the assessee.

2. Judicial Precedent and Tribunal Order:
- The learned counsel for the assessee referred to the ITAT Delhi Bench's order for the A.Y. 2010-2011 which dismissed the Departmental Appeal on identical grounds.
- The Tribunal in the A.Y. 2010-2011 case emphasized that advertisement expenditure does not provide enduring benefit and cannot be treated as an intangible asset.
- The Ld. D.R. also acknowledged that the issue is covered in favor of the assessee by the Tribunal's previous order.
- Considering the Tribunal's previous order, the current Tribunal dismissed the appeal of the Revenue, stating that the issue is covered in favor of the assessee.

3. Final Decision:
- The Tribunal, after reviewing the facts and the previous Tribunal order, concluded that the issue is in favor of the assessee and dismissed the appeal of the Revenue.
- The final decision was pronounced in the open court, with the appeal of the Revenue being dismissed.

This detailed analysis highlights the key points of the judgment, focusing on the disallowance of advertisement expenditure, the relevance of previous judicial precedents, and the final decision of the Tribunal in favor of the assessee based on the existing legal framework and interpretations.