Share Aids (P.) Ltd. v. ITO (2021) 277 Taxman 517 / 319 CTR 177/198 DTR 63 (Mad.)(HC)

S. 37(1) : Business expenditure-Postage, stationery, courier charges, etc., cost of which were to be recovered from various clients-Allowable as business expenditure.

The assessee incurred postage, stationery, courier charges, etc., in the course of winding up proceedings. The expenses were incurred as per SEBI directions, change of address was to be communicated to individual investors both by advertisement in prominent newspapers and also by individual communications. Due to closure of business in 2000, efforts were made to recover all expenses and fee payable before handing over records; however, it could not recover expenses incurred. Assessee claimed deduction of such expenditure.  Assessing Officer disallowed the expenses which was affirmed by the Tribunal. On appeal the Court held that   since incurring of those expenditures was not doubted or disproved by revenue authorities in hands of assessee, such expenditure was required to be allowed by assessing authority. (AY. 2001-02)