Bengal Peerless Housing Development Company Ltd. v. DCIT (2023) 199 ITD 679 (Kol) (Trib.)

S.37(1): Business expenditure-Business of real estate-Marketing expenses-Not allowable-Expenses which were accumulated in work-in-progress as per Ind AS 115, revenue recognition policy and matching concept of accounting principle, same would be allowed in year in which performance obligation was satisfied.[S. 145]

 Assessee is engaged in business of real estate. In relevant assessment year, assessee incurred marketing and sales expenditure with respect to development of real estate project.  On appeal to Commissioner (Appeals), assessee filed additional ground claiming deduction of marketing and sales expenses.  However, Commissioner (Appeals) held that assessee had not claimed these expenses in his return of income and there was no disallowance made by Assessing Officer, thus, question of allowing same would not arise. On appeal the Tribunal held that  the  assessee adopted revenue recognition policy prescribed under Ind AS 115 based on satisfaction of performance obligation over time which was satisfied when possession of real estate unit was given to customer.  Also all costs were accumulated during course of its completion and same were charged against revenue when control of completed unit was transferred to customer to satisfy criteria of matching concept of accounting. Claim of deduction made by assessee towards marketing and sales expenses would not be allowable in relevant year, however, since these expenses were accumulated in work-in-progress as per Ind AS 115, revenue recognition policy and matching concept of accounting principle, same would be allowed in year in which performance obligation was satisfied. (AY. 2019-20)