The Assessee is engaged in the business of manufacturing and sale of commercial vehicles in India, including design/development for the Indian market and sourcing components; the crux was whether the absence of actual manufacture/sale in the year (owing to incomplete plant construction) defeated its claim to deduct operating/financial expenses as the business not being “set up.” The Assessee contended that it had already commenced multiple business activities aligned with its objects, so its business was “set up,” and expenses were allowable under Sec. 37(1) notwithstanding no manufacture/sale that year. The Revenue disputed allowability of the expenses on the premise that, without manufacture/sale during the year, the business was not set up and deductions could not be granted. The High Court held in favour of the Assessee that the commencement of various activities sufficed to treat the business as set up. SLP of revenue dismissed. (AY.2010-11)
Dy.CIT v. Daimler India Commercial Vehicles (P.) Ltd; (2025) 306 Taxman 343 (SC) Editorial: Daimler India Commercial Vehicles (P.) Ltd v.Dy CIT (107 taxmann.com 243/ 416 ITR 343 (Mad)(HC)
S. 37(1) : Business expenditure-Set up-Commencement of business-Operating and financial expenses-Plant construction was incomplete-SLP of revenue dismissed.[Art. 136]
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