DCIT v. Macrotech Developer Ltd. (2022) 192 ITD 438 (Mum.) (Trib.)

S. 37(1) : Business expenditure-Real estate business-New project-Work in progress-Sales promotion and advertisement expenses-allowable as revenue expenditure. [AS. 2]

Assessee claimed deduction in respect of sale promotion expenses and advertisement expenses for launching its new project and attracting customers. Assessing Officer disallowed assessee’s claim and capitalized same as part of work-in-progress cost of new project of assessee. CIT (A) allowed the expenses as revenue expenditure.  On appeal the Tribunal held that  selling cost which included sale promotion expenses was not to be considered as a part of project cost. Tribunal also held that expenditure incurred on advertisement being necessary for promotion of business of assessee was to be allowed as business expenditure and would not form part of project cost. Followed Gopal Das Estates & Housing (P.) Ltd. v. CIT (2019) 412 ITR 429 (Delhi) (HC)   Lodha Palazzo v. Asstt. CIT [IT Appeal No. 2298 (Mum.) of 2012, dated 10-12-2014]; and Macrotech Construction (P.) Ltd. v. Asstt. CIT (2019) 176 ITD 530 (Mum.)(Trib.), Vardhman Developers Ltd. v. ITO (2015) 55 taxmann.com 370/ 68 SOT 107 (URO) (Mum.)(Trib.). (AY. 2015-16)