2017 (10) TMI 690

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..... on, the same was due to litigation for the brand name/trademark, however, the business was not discontinued. In the meantime, the assessee had to incur expenditure towards the statutory charges and for employment. Such being the facts, in our opinion, no question of law arises. - Tax Appeal No. 682 of 2017 - - - Dated:- 13-9-2017 - MR. AKIL KURESHI AND MR. BIREN VAISHNAV, JJ. For The Appel .....

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..... raised two fold contentions. One was that the business temporarily remained suspended on account of litigation and in any case, the expenditure should be allowed against other income. Ultimately, the issue reached the Tribunal. The Tribunal observed as under : 10. A perusal of the above show that though there was no business activity done during the year under consideration, the expenses i .....

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..... be allowed, be it u/s 37 of the Act or u/s 57 of the Act. We therefore, set aside the findings of the ld CIT(A) and direct the Assessing Officer to allow the impugned expenditure as claimed by the assessee. 3. The Tribunal has reached a factual finding that though the assessee did not carry out any actual business activity during the year under consideration, the same was due to litigation f .....

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