Assessee is a company engaged in business of manufacturing, supply, erection and commissioning of pollution control equipments. During year, assessee claimed expenses under head product development expenses. Assessing Officer held that expenses were incurred for product development which would give enduring benefit to assessee and, accordingly, he disallowed same. CIT(A) affirmed the order of the Assessing Officer. On appeal the Tribunal held that none of expenditure incurred thereon would give any enduring benefit to assessee. All these expenditure were genuine regular revenue expenditure incurred by assessee. Assessee had been using its own employees and material regularly purchased for its manufacturing facilities on proportionate basis for purpose of development of new product and, thus, said expenditure is purely revenue in nature. Held that liquidated damages were paid by assessee only as part of non-fulfillment of contractual obligation as per terms of contract with customers and, hence, same were to be allowed as expenditure. Employees’ contribution to PF and ESI would not be allowable in case of assessee-employer if it was remitted beyond due date prescribed under respective Acts. (AY. 2016-17)
Himenviro Environmental Engineering Co. (P.) Ltd. V. ACIT (2024) 205 ITD 237 (Delhi)(Trib.)
S.37(1): Business expenditure-Product development expenses-Allowable as revenue expenditure-Liquidated damages-As part of contractual obligation with its customers for delayed supply of goods or delayed completion of projects-Allowable as deduction-Employees’ contribution to PF and ESI would not be allowable in case of assessee-employer if it was remitted beyond due date prescribed under respective Acts.[S. 36(1)(va)]
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