PROCTER & GAMGLE HYGIENE& HEALTHCARE,LTD,MUMBAI vs. ACIT CIR 7(1), MUMBAI

ITA 6591/MUM/2010Status: DisposedITAT Mumbai25 August 2023AY 2004-0552 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that expenditure incurred on the production of advertising films is revenue in nature, especially when incurred in the ongoing business. Relying on previous judgments, the Tribunal allowed the expenditure.

What were the facts?

The assessee, a company engaged in manufacturing and selling healthcare products, incurred expenditure on the production of television films for advertisement. The Assessing Officer treated this expenditure as capital in nature and disallowed it, allowing only depreciation. The CIT(A) confirmed the disallowance.

What were the issues?

Whether expenditure incurred on the production of television advertisement films is capital or revenue expenditure.

Which sections of the Income-tax Act were involved?

Section 37

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IN THE INCOME TAX APPELLATE TRIBUNAL "J" BENCH, MUMBAI SHRI S. RIFAUR RAHMAN, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY, JUDICIAL MEMBER Procter & Gamble Hygiene & Healthcare Ltd., P & G Plaza Cardinal Gracias Road, Chakkala, Andheri (East), Mumbai - 400009 [PAN: AAACP6332M] …………… ……………. Tax – Circle 7(1), Mumbai Deputy Commissioner of Income Tax, Circle 8(2), Mumbai, Room No. 216-A, Aayakar Bhawan, M.K. Road, Mumbai …………… Appellant Vs Procter & Gamble Hygiene & Healthcare Ltd., P & G Plaza Cardinal Gracias Road, Chakkala, Andheri (East), Mumbai - 400009 ……………. Respondent [PAN: AAACP6332M] Procter & Gamble Hygiene & Healthcare Ltd., P & G Plaza Cardinal Gracias Road, Chakkala, Andheri (East), Mumbai - 400009 [PAN: AAACP6332M] …………… ……………. Tax – Circle 7(1), Mumbai

ITA. No. 6591 & 6549/Mum/2010 (AY 2004-05) ITA. No. 2780 & 2849/Mum/2011 (AY 2005-06) Deputy Commissioner of Income Tax, Circle 8(2), Mumbai, Room No. 216-A, OR 209, 2nd Floor, Aayakar Bhawan, M.K. Road, Near Churchgate , Mumbai - 400020 …………… Appellant Procter & Gamble Hygiene & Vs Healthcare Ltd., P & G Plaz

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