Indiabuild Villas Development (P.) Ltd. v. DCIT (2018) 196 TTJ 386 /(2019) 174 ITD 497/ 175 DTR 226 (Bang.)(Trib.)

S. 37(1) : Business expenditure-Real estate developer–Advertising and business promotion-Corporate brand identity exercise, logo design etc is allowable as deduction as it is not attributable to any particular project -Amount spent on Liaisoning work in relation to a particular project has to be capitalised to concerned project -Method of accounting–AS-7 or AS 9 or ICAI guidance note on accounting for real estate transactions, 2006 cannot be said to be either cash system of accounting or mercantile system of accounting , only up to AY. 2012-13. [S. 145]

Tribunal held that assessee being a real estate developer amount spent on  advertising and business promotion, corporate brand identity exercise, logo design etc  is allowable as deduction as it is not attributable to any particular project . Amount spent on Liaisoning work in relation to a particular project has to be capitalised to concerned project. Tribunal also held that as regards method of accounting is concerned AS-7 or AS 9 or ICAI guidance note on accounting for real estate transactions, 2006  cannot be said to be either cash system of accounting or mercantile system of accounting, only up to AY. 2012-13, because S.145 of the Act has undergone some statutory amendments. (AY. 2012-13)