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Income Tax Appellate Tribunal, “B”, BENCH MUMBAI
Before: SHRI R.C.SHARMA, AM & SHRI RAM LAL NEGI, JM
O R D E R PER R.C.SHARMA (A.M): This is an appeal filed by the assessee against the order of CIT(A), Mumbai, dated 9-2-2012, for the assessment year 2007-08, in the matter of order passed u/s.143(3) of the I.T.Act.
In this appeal the assessee is aggrieved for disallowing development expenditure.
Rival contentions have been heard and record perused. From the record we found that during the year under consideration the assessee had filed return of income at a loss of Rs.85.77 crores. The assessee has claimed Development expenditure of Rs.1,28,15,029/- in the computation of income. AO disallowed assessee’s claim by observing that as per the balance sheet submitted by the assessee, Schedule 4 comprising details of 2 fixed assets has been attached. As per this schedule, assessee has made Development expenditure of Rs.1,28,15,029/-. This amount has been capitalized as per the balance sheet submitted by the assessee which has been accepted by its shareholders. The balance sheet has been submitted to the Ministry of Company Affairs also. However, assessee claimed this expense as revenue expenditure in its computation of income. In view of the accounting treatment as per the annual accounts adopted by the shareholders, the established accounting principle of matching expenditure to revenue the settled position of law, the specific provisions of section 32 to treat know how as intangible asset and the facts peculiar to the assessee's case, the development expenses of Rs.1,28,15,029/- is to be treated as capital expenditure. However, depreciation at 25% of Rs.32,03,757/- on the same is being allowed.
By the impugned order, the CIT(A) confirmed AO’s action and assessee is in further appeal before us.
We have considered rival contentions. From the record we found that the company is in the business of designing, manufacturing, and marketing Logan vehicles. It commenced business in February 2006. It commenced production from 14th February 2007. During the year ended 31st March 2007 it produced 614 vehicles. Out of these 189 were produced as trial cars. As per industry practice these trial cars were used for development, testing and validation. Out of these, 35 cars were produced after 14th February 2007 being the date of commencement of commercial production. While cost of 154 vehicles manufactured prior to commencement of commercial production was spread over cost of plant and machinery(net of Economic