Assessee, a civil construction developer, had only one construction project at Mulund. It had incurred expenses on sale promotion which was debited in P&L account in terms of guidance note on accounting of real estate transaction for revised 2012 issued by ICAI and accordingly, claimed as revenue expenditure. Assessing Officer disallowed expenses on basis of AS-7. CIT(A) up held the disallowance. On appeal the Tribunal held that since assessee was purely a civil construction developer and AS-7 was purely effective for contractor in construction not for developers, question of capitalizing project cost of sale promotion is unjustified. Addition is deleted.(AY. 2016-17)
PRL Developers (P.) Ltd. v. ACIT (2024) 207 ITD 753 (Mum) (Trib.)
S.37(1): Business expenditure-Sales promotion expenses-Construction project-Allowable as revenue expenditure-AS-7 was purely effective for contractor in construction, not for developers, question of capitalizing project cost of sale promotion was unjustified.[S.145, AS-7]
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