Tribunal held that the assessee itself had allocated preoperative expenditure in the books of account and a part of it was written off in its books of account. However, while computing the income, it had claimed full deduction of fresh expenditure incurred during the year as against the fact that it had claimed deduction at 20 per cent. on the opening balance of similar expenditure. Therefore, there was inconsistency in the manner of claiming the expenditure. The nature of expenditure remaining the same, the deduction would be allowable under section 35D only. The rule of consistency would debar the assessee to make a claim in a different manner. Therefore, deduction of the fresh expenditure incurred during the year was allowable in terms of section 35D only. (AY.2012-13)
Nuclear Healthcare Limited v. ACIT (2020) 83 ITR 35 (SN) (Mum.) (Trib.)
S. 35D : Amortisation of preliminary expenses-Inconsistency in manner of claiming expenditure-Deduction of the fresh expenditure allowable only as per S.35D of the Act .