| COURT: | ITAT Mumbai |
| CORAM: | Ashwani Taneja (AM), Joginder Singh (JM) |
| SECTION(S): | 28, 3, 37(1) |
| GENRE: | Domestic Tax |
| CATCH WORDS: | business expenditure, deductibility, setting up of business |
| COUNSEL: | Satish Mody |
| DATE: | August 28, 2016 (Date of pronouncement) |
| DATE: | February 15, 2016 (Date of publication) |
| AY: | 2008-09 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| There is a distinction betwen "setting up" and "commencement" of a business. A business is "set up" and expenditure is deductible even if assessee has no customers and no income | |
The assessee has already purchased residential flat for the purpose of resale/lease, and therefore assessee was apparently ready to do its business. Under these circumstances, it can be said that the business is set up by the assessee during the year under consideration. For the deductibility of expenses incurred after this stage, earning of the business income is not a mandatory condition under the law. The assessee may not have been successful in getting customers or earning the business income, but if the assessee has done requisite preparations and if the assessee can be said to be in a position to cater to its customers, then it can be said that business is set up and it would amount to carrying on the business and accordingly the expenses would stand allowable to the assessee, irrespective of the fact whether actually assessee got any customer and earned any business income during the year or not
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