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Case Law Details

Case Name : Unicity Health Private Limited Vs ITO (ITAT Bangalore)
Appeal Number : ITA No.713/Bang/2020
Date of Judgement/Order : 20/04/2021
Related Assessment Year : 2014-15
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Unicity Health Private Limited Vs ITO (ITAT Bangalore)

Admittedly, the business promotion expenses have been incurred for the purpose of improving sales of the assessee. There is merit in the submission of Ld. A.R. that the question of applying bright line test does not arise in the facts of the present case. Every businessman would be incurring advertisement and business promotion expenses in anticipation of higher sales in accordance with his sales promotion strategy. To his bad luck, if the advertisement and business promotion expenses do not fructify, the same should not lead to disallowance of expenses, which have otherwise been genuinely incurred by the assessee, i.e. the said expenses would continue to be considered as expenses incurred wholly and exclusively for the purpose of business.

In any case, in the instant case, the A.O. has not examined the details furnished by the assessee. Accordingly, we are of the view that this issue requires fresh examination at the end of the A.O. Accordingly, we set aside the order passed by the Ld. CIT(A) and restore this issue to the file of the A.O. for examining it afresh by duly considering the information and explanations furnished/that may be furnished by the assessee. After affording adequate opportunity of being heard to the assessee, the A.O. may take appropriate decision in accordance with law.

FULL TEXT OF THE ORDER OF ITAT BANGALORE

The appeal filed by the assessee is directed against the order dated 13.9.2019 passed by Ld. CIT(A)-7, Bengaluru and it relates to the assessment year 2014-15.

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