Inditrade Capital Ltd. v. CIT (2024) 301 Taxman 638 (Ker.)(HC)

S. 35D : Amortisation of preliminary expenses-Initial public offer of shares expenses-Direct expenses incurred in connection with initial public offer of shares, it could not claim deduction of indirect expenses incurred in connection with same object as revenue expenses. [S. 37(1)]

Assessee-company incurred certain expenditure in relation to initial public offer of shares such as advertising, travelling, postage, market research, etc. and claimed deduction of same as revenue expenditure Assessing Officer invoking provisions of section 35D disallowed expenditure. Tribunal affirmed the order of the AO. On appeal the   Court held that since section 35D permitted only certain capital expenses as deductible and not others and assessee had already been granted benefit of deduction of direct expenses incurred in connection with initial public offer of shares, it could not claim deduction of indirect expenses incurred in connection with same object as revenue expenses.  (AY. 2008-09)