Sai Fragrance & Flavours (P.) Ltd. v. ACIT (2018) 169 ITD 235 (Mum) (Trib.)

S.37(1): Business expenditure- Corporate entity – Administrative expenditure to maintain status of the company , is held to be allowable though the manufacturing activity of fragrance and flavours was discontinued. [ S.57(iii))

Allowing the appeal of the assessee, the Tribunal held that, Administrative expenditure to maintain the status of the company and for said purposes it was necessary to maintain clerical staff and secretary or accountant and incur incidental expensed is held to be allowable though the manufacturing activity of fragrance and flavours was discontinued . Tribunal also held that so long as the company is in operation and its name is not struck off from Registrar of Companies the administrative expenses will be allowable as deduction (Referred, CIT v. Ganga Properties Ltd.( 1993) 199 ITR 94 ( Cal) (HC) ) ( AY. 2008 -09, 2009-10)