Tribunal held that the business had to be looked into as a composite activity of the assessee and the receipts and the expenditure had to be taken compositely. The apportionment of the expenditure against each project was not in tune with the standard accounting practices. This was not a case of construction of buildings or townships wherein the expenditure incurred against each project was considered separately depending upon the method of accounting followed by the assessee. Once the assessee had realised that the claim was not made, the assessee had every right to revise the return indicating the correct taxable income. What is to be examined is whether or not the claim of the assessee is correct and not whether the correct claim is filed with the original return or revised return. Since the claim of the assessee could be accepted with regard to the expenditure involved as allowable expenditure for the year, no disallowance on this account was required and the addition made was deleted.( AY.2011-12)
Torrence Capital Advisors Pvt. Ltd. v. Dy. CIT (2020)78 ITR 96 ( Delhi ) (Trib)
S. 37(1): Business expenditure – Revised return — Claim of assessee acceptable with regard to expenditure involved as allowable expenditure — Disallowance is held to be not valid . [ S.139(1) ]