Ambuja Neotia Healthcare Venture Ltd. v. DCIT (2023) 203 ITD 143 (Kol) (Trib.)

S. 37(1) : Business expenditure-Abandoned project-Expansion of business by setting up a clinic is economically not viable-Loss is allowable as deduction-Capital expenditure-Constructing and running business of hospital is to be allowed as deduction under section 35AD-There is no condition of any date or year of commencement of specified business.[S.28(i) , 35AD]

 

Assessee is  engaged in hospital and trading of pharmaceuticals business.  Assessee had planned to set up a clinic for expansion of its business. Expenditure incurred by it in this regard was accounted as capital work in progress. Since clinic was not ready to use, same was not added to block of assets, and accordingly, no depreciation was claimed on same. In year under consideration, assessee analysed to arrive at a conclusion that setting up of clinic would not be economically viable and in order to save future losses, this expansion of business by setting up of clinic was dropped   Accordingly, assets in this respect were put to sale and amount of difference between realisation of sales and expenditure incurred up to date was charged to profit and loss account, claiming it as a loss.  Tribunal held that   loss incurred by assessee on sale of assets relating to setting up of clinic which was abandoned is  to be allowed.  Tribunal also held that capital expenditure incurred by assessee for purpose of specified business i.e. constructing and running business of hospital is  to be allowed as deduction under section 35AD and there would be no condition of any date or year of commencement of specified business. (AY. 2015-16)

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