Income Tax

Expenditure on advertisement and brand promotion allowed in the year in which incurred

Expenditure on advertisement and brand promotion allowed in the year in which incurred wholly and exclusively for the purposes of business

ABCAUS Case Law Citation:
ABCAUS 2907 (2019) (05) ITAT

Important Case Laws Cited/relied upon by the parties
Madras Industrial Investment Corporation Ltd. v. CIT 225 ITR 802
Amar Raja Batteries Ltd. v. ACIT 91 ITD 280
Taparia Tools Ltd. v. JCIT [2015] 372 ITR 605

In the instant appeal, the assessee had challenged the Order of the Commissioner of Income Tax (Appeals) in confirming the disallowance of the expenses relating to the advertisement and brand promotion which had been claimed by the assessee in the year in which it was incurred.

The Tribunal observed that in the assessee’s own case the co-ordinate Bench had considered the issue.

The Coordinate Bench relying on the judgment of the Hon’ble Supreme Court had opined that though the assessee may have written off the expenditure in its books of account over a period of five years, it must be allowed in its entirety in the year in which it was incurred, if it is revenue expenditure, and if it is wholly and exclusively incurred for the purposes of business.

The Bench was of the view that there was nothing to suggest that with alike expenditure, any asset, tangible or intangible, had been created. There was no evidence on record regarding accrual of any specific revenue in the years under consideration or subsequently over a defined period with the incurring of said expenditure.

In view of the above, the Tribunal opined that the case was squarely covered by the decision of the co-ordinate Bench of the Tribunal, in the assessee’s own case on identical reasoning.

Accordingly, the AO was directed to allow the assessee’s claim of expenditure incurred towards advertisement and brand promotion as Revenue in nature.

Download Full Judgment Click Here >>

Share

Recent Posts

  • ICAI

Empanelment of ICAI Exam observer for January 2027 Examinations. Last date: 20.11.2026

Empanelment to act as ICAI exam observers for January 2027 CA Examination. Last date to apply is 20.11.2026 Empanelment of…

7 hours ago
  • GST

No arrest under GST- Major decision of 57th Meeting of GST Council held on 8th October 2026

No arrest under GST- Major decision taken in 57th Meeting of the GST Council on 8th October 2026 PRESS RELEASE…

2 days ago
  • Income Tax

Later SC ruling cannot render an act done in compliance of a court order a statutory default

A subsequent Apex Court ruling on the substantive issue cannot retrospectively make an act done in compliance of a binding…

3 days ago
  • Income Tax

Interest payment on mobilisation advance to NHAI not liable to TDS u/s 194A

Interest payment on mobilisation advance to NHAI not liable for deduction of tax at source u/s 194A - ITAT Interest…

3 days ago
  • Income Tax

Typographical error in turnover accepted during assessment not a mistake apparent from record

Typographical error in turnover declared in ITR was not as a mistake apparent from the record u/s 154 when AO…

5 days ago
  • Income Tax

Plea that assessee was not aware of order cannot be brushed aside in absence of proof of service

Ground taken by assessee that he was not aware of the order cannot be brushed aside so lightly in absence…

5 days ago