E-Land Systems (P.) Ltd. v. ITO (2022) 194 ITD 541 (Bang.) (Trib.)

S. 37(1) : Business expenditure-Setting up of business-Business of providing information technology application management support services.

During the year the assessee-company had taken premises on rent, employed few employees, purchased certain assets and directors of company had stated in Directors’ report that nature of work required to be performed under agreement entered with its AE would require 25 employees. Assessee claimed the expenditure as revenue expenditure. Assessing Officer held that assessee was not set-up and, hence, expenditure incurred prior to setting up of business was not deductible. Tribunal  held that  the expenditure incurred  by the assessee after setting up of business but before actual commencement of operations, it could be said that assessee had set up its business during year under consideration and, accordingly, expense incurred by assessee was allowable as deduction. (AY. 2015-16)