CIT v. Gopal Das Estates & Housing (P) Ltd. (2019) 308 CTR 201 (Delhi)(HC)

S. 37(1) : Business expenditure–amount paid to the allottees of flat for surrendering of their right therein is revenue in nature and is for the purpose of the business–such expenditure cannot be added to the cost of the stock but is an extraordinary item. [S. 145]

Assessee had paid amount to the allottees of flat for surrendering of their right therein. The High Court held that such amount was in relation to the stock of the assessee and therefore, revenue in nature. It also held that there is no repurchase of the flat as the title in the property was not transferred to the allottees. Further, such expenditure was held to be an extraordinary item and was therefore, not to be added as the part of cost of stock in trade. Accordingly, since the expenditure was incurred for the purpose of the business, same was held to be allowable. (AY. 1995-96 to 2009-10)(ITA No. 210 of 2003; dt. 20.03.2019)