9911796707
TMI Blog2011 (5) TMI 1108X X X X Extracts X X X X X X X X Extracts X X X X ..... t ) against the order dated 17.11.2008 passed by the Income Tax Appellate Tribunal, Delhi Bench C , New Delhi (hereinafter referred to as the Tribunal ) in ITA No. 1564(Del)/2006, for the assessment year 2003-04, claiming the following substantial questions of law:- (i) Whether on the facts and circumstances of the case and in law, the ITAT has erred in holding that the differential expenses on account of trade fair and exhibition, advertising and publicity and sales promotion are not in the nature of deferred revenue expenditure? (ii) Whether on the facts and circumstances of the case and in law, the ITAT has erred in holding that the expenses should be allowed for the assessment year under consideration only, although the benefit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T(A) ] vide order dated 20.3.2006 affirmed the order of the Assessing Officer. Dissatisfied with that order, the assessee approached the Tribunal who vide order dated 17.11.2008 allowed the appeal and deleted the addition made by the Assessing Officer and affirmed by the CIT(A). Hence, the present appeal by the revenue. 4. We have heard learned counsel for the appellant. 5. According to the learned counsel for the revenue, the expenses which were incurred by the assessee on account of trade fair and exhibition, advertising and publicity and sales promotion were deferred revenue expenditure, the benefit of which was to be availed by the assessee over a number of years. 6. We are unable to accept the submission of the learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its incurring. In the case of Amar Raja Batteries Ltd., the Tribunal, after considering the case of India Discount Company, 75 ITR 191, pointed out that the issue in this behalf is clear, i.e. it has to be decided on the basis of law. The expenditure is also in revenue field and, therefore, the whole of the expenditure is to be allowed in the year of its incurring. In view of the aforesaid judgments and the order, we hold that the expenditure is revenue in nature and, therefore, it has to be allowed in full in this year. 8. Learned counsel for the revenue was unable to point out any irregularity or illegality in the aforesaid finding recorded by the Tribunal which may warrant interference by this Court. Accordingly, no substantial quest ..... X X X X Extracts X X X X X X X X Extracts X X X X
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