DBS Bank Ltd. v. DCIT (2025)210 ITD 448(Mum)(Trib.)

S.37(1): Business expenditure-Consultancy fee-Future expansion-Allowable as business expenditure.

Assessee, a non-resident banking company, claimed deduction of professional fees paid to a consultancy firm. Assessee submitted that fees were paid for services which were connected with conducting business of banking more efficiently and that said services were used by assessee in its business right away once services were rendered. Assessing Officer disallowed claim of assessee on ground that expenditure was not for day-to-day business of assessee but was for future expansion of its business. CIT(A) affirmed the order of the AO. On appeal the Tribunal held that   the expenditure was primarily and essentially related to operation and working of business of assessee.  It was an expenditure which was not for acquiring any tangible or intangible asset but for conducting business of banking better and more efficiently in present, hence allowable as business expenditure. (AY. 2015-16)

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