MOTILAL OSWAL SECURITIES LTD,MUMBAI vs. DCIT CC 22, MUMBAI
In the result, the appeal of the assessee is partly allowed
ITA 6204/MUM/2013[2010-11]Status: DisposedITAT Mumbai19 Feb 2016AY 2010-11
Bench: Shri R.C.Sharma, Am & Shri Ram Lal Negi, Jm आमकय अऩीर सं./Ita No.4581/Mum/2012
For Appellant: Shri Vijay MehtaFor Respondent: Chandra Vijay
Section 32Section 32(1)(ii)
…ed the business, the assessee claimed the expenditure to be capital in nature and claimed depreciation. The revenue authorities denied the claim of be sham. 27. Before us, the AR placed reliance on the decision of ―i) Hidelberg Cement India Ltd. vs Addl. CIT -31 DTR 582(Mum) – In this case non-compete fees was paid for a period of 1 year and the same was allowed as revenue expenditure. ii) CIT v Everest Advertising (Bombay High Court) – In this case non-compete fees was paid for a period of 3 years and the same was allowed as revenue expenditure. Sr.No. Case law Citation i. India Capital Markets P Ltd. v DCIT 56…