Tribunal held that the business of the assessee commenced only upon the acquisition of the shares. The registration of the assessee and the commencement of the business of the assessee were two different things. The incorporation of an assessee did not mean that the assessee had commenced business activities. In fact the business activities of the assessee commence only after doing the transaction for which it was established. Thus, in such a situation, the activity of the assessee commenced upon the acquisition of the shares of the company. Thus the expenses incurred by the assessee as specified under the provisions of section 35D before the commencement of the business were eligible for deduction. (AY.2014-15)
Addlife Investments Pvt. Ltd. v. Dy.CIT (2020) 84 ITR 343/ 2021) 187 ITD 591 / 201 DTR 145 (Ahd.) (Trib.)
S. 35D : Amortisation of preliminary expenses-Fees for registering Company-One-Fifth of Expenditure-Expenses incurred before commencement of business eligible for deduction.