ASHISH LIFE SCIENCE P. LTD.,MUMBAI vs. ASST. CIT-CIRCLE-9(1)(2), MUMBAI

ITA 964/MUM/2021Status: DisposedITAT Mumbai26 April 2022AY 2017-1813 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that product registration expenses are revenue in nature, following precedents from various High Courts and the ITAT. Therefore, the disallowance made by the AO and confirmed by the CIT(A) was set aside.

What were the facts?

The assessee claimed product registration expenses as revenue expenditure, but the Assessing Officer treated it as capital expenditure. The CIT(A) upheld the AO's decision, leading to the assessee's appeal to the ITAT.

What were the issues?

Whether product registration expenses are capital or revenue expenditure. Whether the CIT(A) order was passed without complying with principles of natural justice.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 250

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(3)Show list

Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.

Income Tax Appellate Tribunal, “A” BENCH, MUMBAI

Before: SHRI AMARJIT SINGH, JM & SHRI S. RIFAUR RAHMAN, AM

For Appellant: Shri Dhaval Shah
Hearing: 22/03/2022Pronounced: 26/04/2022

PER AMARJIT SINGH, JM: The assessee has filed the present appeal against the order dated 15.04.2021 passed by the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as the “(NFAC)”] in the relevant A.Y.2017-18. 2. The assessee has raised the following grounds: - “1. The Ld. CIT(A) has erred in law and in facts in passing the order u/s. 250 of the Act through National Faceless Appeal Center which is bad in law and invalid.

2.

The Ld. CIT(A) has erred in law and in facts confirming the assessment order passed u

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

Recent GST High Court judgments

Search GST case law →