Tribunal held that the assessee neither in the preceding assessment years nor in the instant assessment year had claimed it as deferred revenue expenditure hence there was no scope to examine whether the expenditure could have been amortised over the concession period in terms of CBDT circular No.9 of 2014 dt.23-04 2014( 2014) 364 ITR 1 (St).More over the CBDT Circular was for the benefit of the assessee .Therefore ,the benefit in terms of Circular could be granted ,provided the assessee makes a claim in terms of it. The benefit of the Circular could not be thrust upon the assessee if it was not claimed . ( AY.2011-12)
ACIT v. Progressive Constructions Ltd ( 2018) 161 DTR 289/ 63 ITR 516 /191 TTJ 549 ( SB) ( Hyd) (Trib)
S.37(1): Business expenditure – Amortisation of expenses – Development of roads and highways in build operate and transfer agreements – Benefit of circular cannot be thrust upon the assessee if it has not claimed .